Howdy,
So I'm in Texas and the unwanted fax comes in from Beautiful South Eastern
Pennsylvania. Do I
sue in Texas or do I sue Joe?
Seriously, under who's auspices does this activity fall? Wouldn't this
senario be a brother to
spam?
jt
On Wednesday, November 04, 1998 5:15 PM, Paul Edwards
[SMTP:[log in to unmask]] wrote:
> In Texas, I have tried this. I got 10 in one week which really $%^$* me
off!
>
> toback2 wrote:
>
> > Gary Biggs asks:
> >
> > >I'm VERY tired of paying for FAX advertising! Does anyone know
> > >of INTERNET resources you can use to globally remove you name
> > >form FAX distribution lists like you can do for SPAM.
> >
> > Sending unsolicited faxes is illegal, period. See 47USC227b1:
> >
> > It shall be unlawful for any person within the United States...
> > to use any telephone facsimile machine, computer or other
> > device to send an unsolicited advertisement to a telephone
> > facsimile machine...
> >
> > 47USC227b3:
> >
> > A person or entity may, if otherwise permitted by the laws
> > or rules of court of a State, bring in an appropriate court
> > of that State -
> >
>
> The problem lies in this statement. If your state does not pass a law
allowing
> private claims, you can't collect according to a lawyer here! Congress set
> this up so that each state could exercise their right to make a law to
allow
> the collection, if they so choose. Call your state representative.
>
> > A. An action based on a violation of this subsection or
> > the regulations prescribed under this subsection to
> > enjoin such violation,
> > B. An action to recover for actual monetary loss from
> > such a violation, or to receive $500 in damages for
> > each such violation, WHICHEVER IS GREATER, or
> > C. Both such actions. If the court finds that the
> > defendant willfully or knowingly violated this
> > subsection, the court may, in its discretion,
> > increase the amount of the award to an amount equal
> > to not more tahn 3 times the amount available under
> > subparagraph B of this paragraph.
> >
> > In other words, you can sue in small claims court and collect $500 to
> > $1500 for each junk fax. I'm in the process of doing that now, but it's
> > hard tracking down the sender. She has unlisted phone numbers,
> > unpublished fax numbers, and refuses to give a mailing address. I've
done
> > a public records search and found some fairly current information, and
> > I'm working on getting an address. Once I find it, I'll have a lot of
> > $1,500 claims to file: she sends several faxes per week.
> >
> > Why not just give her my fax number and tell her to take it off the
list?
> > Because of Gary. If these scofflaws can get people to forego their
> > remedies at law, we'll be back to an "opt-out" system for every
potential
> > junk-faxer in the country. I still remember back in 1988 and 1989, when
> > I'd come into the office in the morning and find 30 pages of junk on the
> > fax machine. No, thanks.
> >
> > -- Bruce
> >
> >
--------------------------------------------------------------------------
> > Bruce Toback Tel: (602) 996-8601| My candle burns at both ends;
> > OPT, Inc. (800) 858-4507| It will not last the night;
> > 11801 N. Tatum Blvd. Ste. 142 | But ah, my foes, and oh, my friends
-
> > Phoenix AZ 85028 | It gives a lovely light.
> > btoback AT optc.com | -- Edna St. Vincent Millay
> > Mail sent to [log in to unmask] will be inspected for a
> > fee of US$250. Mailing to said address constitutes agreement to
> > pay, including collection costs.
>
> --
> ***************************************************************
> Paul Edwards HP 3000 Certified Consultant
> Paul Edwards & Associates Phone: (972) 242-6660
> 1506 Estates Way Fax : (972) 446-9022
> Carrollton TX 75006 Email: [log in to unmask]
> ***************************************************************
|
