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Date: | Thu, 5 Nov 1998 18:56:44 -0500 |
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In <[log in to unmask]> [log in to unmask] writes:
> 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?
IANAL, but;
It is my understanding that it's a crime you must pursue in small claims
court, where the crime took place (which I take to mean at YOUR fax machine).
For corporations, some states don't allow you to go to court without a
lawyer representing you; and small claims court does not allow lawyers.
Catch-22. Virginia at least recently passed a law allowing principals of a
corporation to represent the corporation in small claims court. :-)
The crime is a violation of the telecommunications act of 1991; and is
punishable by a $500 penalty for the first offense, and $1500 per after that.
(Same law that regulates tele-solicitations).
I haven't pursued one yet (though I've been saving a stack of them til I
had time) but I would suggest a letter and invoice offering to "settle out
of court" for something less than the $500 amount, with the threat to take it
to small claims court if they don't pay. Since most of them would be out of
state and would have to travel to go to court - and would lose if they showed
up anyway - they'd be crazy not to pay. Of course, once they don't, you're
still gonna need a good collections agency to chase 'em down. (We use
Milliken and Michaels, who are pretty good imho, 800-729-8766.)
Here's hoping that someday they extend this law to cover spammers...:-)
(It definitely does *not* currently - this from *real* lawyers and folks that
have tried to apply it.) :-(
Happy hunting;
Chris (remove nospam) Bartram
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