Maritz v. Cybergold

Citation: Maritz, Inc. v. Cybergold, Inc., 947 F. Supp. 1328 (E.D. Mo.1996).

Factual Background
The defendant had put up a website as a promotion for its upcoming Internet service. The service consisted of assigning users an electronic mailbox and then forwarding advertisements for products and services that matched the users' interests to those electronic mailboxes. The defendant planned to charge advertisers and provide users with incentives to view the advertisements. Although the service was not yet operational, users were encouraged to add their address to a mailing list to receive updates about the service.

Trial Court Decision
The court rejected the defendant's contention that it operated a “passive website.” The court reasoned that the defendant's conduct amounted to “active solicitations” and “promotional activities” designed to “develop a mailing list of Internet users” and that the defendant “indiscriminately responded to every user” who accessed the site.