We’ve posted repeatedly about the federal junk-fax law, which authorizes lawsuits for $500 apiece for inadvertent participation in unsolicited sending of faxes (and $1500 apiece for knowing violations); lawyers have learned to roll together class actions so as to generate million-dollar class actions against unsophisticated local businesses who weren’t aware of the law’s application to them (Oct. 22, 1999; see also Dec. 15, 2004; Mar. 19, 2004, Jul. 19, 2003, etc.). Now the Internet and Class Action Law Blog, published by a Naperville, Ill. class-action attorney, takes note of the phenomenon — not merely as an annoyance, but as a business opportunity. “Damages in these cases can be very large. If a blast fax has 50,000 recipients, damages could total $25,000,000! Why not turn all those junk faxes into a college fund for your kids?” (Jun. 30).
Junk faxes? Make ’em your college fund
We’ve posted repeatedly about the federal junk-fax law, which authorizes lawsuits for $500 apiece for inadvertent participation in unsolicited sending of faxes (and $1500 apiece for knowing violations); lawyers have learned to roll together class actions so as to generate million-dollar class actions against unsophisticated local businesses who weren’t aware of the law’s application to […]
5 Comments
I never thought I’d side in favor of a class action attorney, but anyone who sends an unsolicited fax advertising a product or service should be given the death penalty.
Email spam means nothing to me. I can filter it and I never have to open it unless I choose.
Junk mail can simply be thrown away.
But fax spammers tie up my phone line, tie up my fax, use my (very expensive) ink, uses my paper, and waste my time.
It’s a simple rule folks: NEVER send an unsolicited fax advertising a product and or service. It’s really that simple!
I’m with Ira. I’d like to tear their livers out of their body with my bare hands and feed them back to them on little silver cocktail forks. If I can’t do that, I’ll sue.
I don’t pay for a phone line, fax paper, and toner to be awakened from my nap by some assclown selling junk bonds. If you wake me up, and you’re not only unscrupulous enough to junk fax me, but dumb enough to leave yourself traceable…watch out!
against unsophisticated local businesses who weren’t aware of the law’s application to them
How unsophisticated does a business have to be? If they have a fax machine, they know that paper and ink/toner are costly and don’t grow on trees. They know the recipient didn’t ask for the fax. People who can’t see that sending junk faxes is effectively stealing are beyond unsophisticated – they’re TSTL – too stupid to live, and stupid should hurt.
I recommend reading the Oct. 1999 post, as well as later ones in the series, to better grasp how unsophisticated locals could get caught. Seldom are the mom-and-pop businesses themselves sending the faxes; rather, they fell for the pitch of fly-by-night promoters that sent out pitches combining, e.g., coupons from numerous local restaurants and similar businesses on one page. Some said they were assured (falsely) that all recipients had opted into a tell-me-about-discount-offers arrangement. Under the law, advertisers are automatically liable and cannot escape by showing good faith.
From the October 1999 post:
“The advertisers were assured that each fax recipient had signed a consent form agreeing to receive discounts and incentives to local, upscale business, restaurant and entertainment establishments. Further, as part of their service, fax advertisers had offered to deliver free fax paper to promotion recipients on a regularly scheduled basis.”
Nope — you believe that, you’re still too stupid to live.