Kramer v. Cash Link Systems, 715 F.3d 1082 (8th Cir. 2013)
Note: this case involved a claim under the Computer Fraud and Abuse Act but the case did not make any rulings on that law.
A debt collector who was an independent contractor to Defendant conducted a spam email campaign that flooded an Internet service provider’s server and prevented its customers from accessing the Internet. The owner of the ISP sued Defendant for violating the Computer Fraud and Abuse Act. The Defendant prevailed in a bench trial because the debt collector was an independent contractor of Defendant and not an employee of Defendant. Plaintiff appealed and the judgment of the District Court was affirmed.
