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 unpublished fax numbers, and refuses to give a mailing address.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.

--
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