Impulse Media Prevails in CAN-SPAM Case

SEATTLE — A Seattle jury has returned a unanimous verdict of no wrongdoing on the part of Impulse Media, better known within adult industry circles as SoulCash, in the company’s CAN-SPAM trial.

After deliberating for approximately three hours, the jury returned its verdict in favor of the defense —a ruling that came to the immense satisfaction attorney Rob Apgood, who represented Impulse in the case.

“I’m on cloud nine,” Apgood told XBIZ, adding that Impulse and its owner Seth Schermerhorn are to be commended for having the “fortitude to see this thing all the way through.”

“I’ve been saying all along that [the government] was wrong, and I’m glad that somebody stood up and said, ‘No — I’m not going to take this,’” Apgood said.

Apgood said that he was confident that the jury would rule in favor of the defense, but “you’re always a little nervous when it goes to the jury.”

In order to prevail in its case, Apgood explained, the government had to show that there was specific intent on the part of the defendants to induce affiliates to promote their sites via email in violation of the CAN-SPAM Act — a burden of proof that proved a bridge too far for the government, Apgood said.

“There simply was no evidence presented that supported that contention,” Apgood said.

At one time, Apgood served as counsel for Cyberheat in its CAN-SPAM case, an action which the company recently negotiated a settlement of with the FTC. Apgood was no longer representing Cyberheat at the time that case was settled.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Choice Talent Management Launches Fan Platform 'ChoiceFilmz'

Choice Talent Management CEO Chris Crisco has launched a new fan platform called ChoiceFilmz.

Dredd to Launch Official Site

Dredd has announced his new website OfficialDreddXXX.com, launching April 20.

New Pleasure Product Review Site 'ToyChats' Launches

ToyChats.com, a pleasure product review and discussion site, has officially launched.

AEBN Reveals Jade Venus as Top Trans Star for Q1 of 2025

AEBN has named its top trans stars for the first quarter of 2025, with Jade Venus landing atop the leaderboard.

SexLikeReal Debuts 'AI Passthrough' Feature

SexLikeReal has introduced an AI Passthrough for video editing during VR livestreaming.

Ron Jeremy's Accusers Reach Settlement With Rainbow Bar & Grill

The Rainbow Bar & Grill has reached confidential settlements with a group of women who filed a negligence lawsuit against the Sunset Strip restaurant over alleged sexual assaults committed by Ron Jeremy, according to Rolling Stone.

Cherry Kiss, Jordan Starr Top AEBN for Q1 of 2025

AEBN has announced its top-selling stars for the first quarter of 2025, with Cherry Kiss landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

Sportsheets Joins FSC as Gold Member

Sportsheets has joined Free Speech Coalition (FSC) as a Gold-level member.

Age Verification Watch: Two End Runs, Two Failed Bills

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

FSC Helps Defeat Colorado AV Bill

Free Speech Coalition (FSC) has announced that, with its help, Colorado's recently introduced age verification bill has been defeated.

Show More