North Carolina Business Litigation Report

Burgess v. American Express Company, Inc., 2007 NCBC 15 (N.C. Super. Ct. May 21, 2007)(Diaz)

Plaintiff sued a large number of defendants, arguing that they had caused advertising messages (in the form of pop-up ads) to be sent to him over his computer. The Court held, construing the allegations in the light most favorable to the plaintiff, that he had stated a claim for trespass to chattels under North Carolina common law.

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Mack Sperling
Brooks Pierce, LLP
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