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Sotelo sued DirectRevenue for trespass to personal property when DirectRevenue instituted spyware to deliver pop-up ads to frequently visited sites.
Internet pop-up ads can be considered trespass to personal property.
Sotelo sued DirectRevenue for trespass to personal property when DirectRevenue instituted spyware to deliver pop-up ads to frequently visited sites. DirectRevenue introduced spyware onto people’s computers to discover websites that were frequently visited and delivered pop-up ads to those sites. DirectRevenue sought to dismiss the claim.
Whether internet pop-up ads can be considered trespass to personal property?
Yes. DirectRevenue’s motion to dismiss is denied. Sotelo alleged interference through ecuirty breaches and burdens on computer memory. Sotelo also alleged damage through wasted time and lost productivity.
The application of trespass to personal property to spam emails extends to pop-up ads on the internet as well. To succeed on a claim of trespass the plaintiff must prove both interference and damage.