Plaintiff Unsuccessfully  Sues the NRA Under California’s Junk Mail Statute – But Rule 11 Sanctions Are Denied

The plaintiff, a resident of California, sued the NRA after the NRA allegedly failed to remove him from a mailing list. Apparently, California Code Section 3344 allows a plaintiff to sue in certain circumstances where the defendant wrongfully implies that the plaintiff endorsed his product. The District Court dismissed the case on the ground that the statute has never been applied where a person is simply included on a mailing list. The District Court also denied the NRA’s sanctions motion on the ground that plaintiff was using a creative approach to expand existing law. In sum, the case was dismissed and all sanctions were denied. The district court also denied a portion of the NRA’s motion for sanctions which alleged that Plaintiff was not a citizen of California, but a citizen of Nevada.

Source: LINLOR v. THE NATIONAL RIFLE ASSOCIATION OF AMERICA, Dist. Court, SD California 2017 – Google Scholar

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