Junk Fax News
June 6, 2005: Executive Fights
Faxes, One at a Time (Los Angeles Daily Journal)
October 9, 2004: Wired News Curtain Call for Junk-Fax Blaster
DIRECTV Participating in Class Action Settlement Related to Fax Promotions
The attorney fees can range as high as $8.5 million. This is probably a good thing since it provides a "cash penalty" against the perpetrators.
Class actions filed independently in four states have been combined into a consolidated national class action in Indiana, where a proposed settlement is pending, subject to court approval. A monetary award under the TCPA at $500 per violation, or any significant cash to the 14 million potential class members, would result in an unworkable result. The proposed settlement calls for the issuance of transferable certificates valued at over $300 each. The certificates may be surrendered to DirecTV for free equipment, installation and service with no obligation to subscribe for any continuing service, unlike DirecTV's "free" promotional offerings."
For more information including details on how to participate as a claimant see: http://www.directvfaxsettlement.com
Former Georgia Governor Barnes Leads Charge Against Junk Faxes in Georgia
Georgia Governor Appeals Junk Fax Ruling
Wired Magazine Reports on the Difficulties of Collecting on Judgments Against FAX.COM
Wired Magazine reporter Ryan Singel wrote about the difficulties encountered by various judges, state attorneys general, and the $2.2 trillion Kirsch lawsuit in terms of collecting judgments. To summarize the article, fax.com CEO Kevin Katz simply ignores court orders.
See the Jan. 12, 2004 article in Wired Magazine: "FAX.COM Still Dodging Legal Steps"
DALLAS - MSI Marketing, Inc., a Dallas, Texas-based provider of marketing services, admitted in its bankruptcy case to employing Fax.com, Inc. during the period January 2001 to May 2002 for the purpose of sending unsolicited facsimile advertisements for its business. The bankruptcy court has set a bar date of March 31, 2004, for claims arising from the fax advertising.
In addition, MSI's
principals consented to a decree restraining them, and various entities under
their management or control, from sending unsolicited facsimile advertisements
in the future.
Additional information on MSI Marketing and its DBAs, such as Y2K Marketing, can be found in our infamous junk faxers section.
California Governor Davis Signs Tough Anti-Spam Law
Legislation modeled after anti-junkfax laws is starting to be signed into law.
"Junk-Fax Firm Disguising Rebirth" reads the headline in the 9/15/03 issue of Wired News.
The article, written by Ryan Singel, describes the various efforts of fax.com to remain in business in the face of lawsuits from the state of California for $15 million and our own $2.2 trillion lawsuit.
FCC Extends Effective Date of Amended Fax
Advertising Rules Until Jan. 1, 2005
Date: 8/19/03 -- for Immediate Release &nsp;
Washington, DC – The Federal Communications Commission (FCC) has extended to January 1, 2005, the effective date of its new rules requiring written consent before sending advertising faxes.
This action does not change the effective date for the comprehensive telemarketing rules, including other rules regarding faxes, adopted on June 26, 2003.
This action also does not change the October 1, 2003 effective date for the national do-not-call registry.
The extension of time permits entities sending fax advertisements more time to comply with the new rules and obtain written consent and signatures from parties to whom they wish to fax. It will also allow the Commission time to consider any petitions for reconsideration and other filings that may be made on this issue.
The extension keeps in effect, until January 1, 2005, the exemption that allows entities to send unsolicited fax advertisements to individuals and businesses with which they have established business relationships. Until January 1, 2005, those transmitting faxes do not have to obtain the express written consent, including signatures, from recipients with whom they have established business relationships. Regardless of the extension, however, fax transmitters still must obtain prior express permission from fax recipients with whom they do not have established business relationships.
Action by the Commission August 18, 2003, by Order on Reconsideration (FCC 03-208). Chairman Powell, Commissioners Abernathy, Copps, Martin and Adelstein.
For further information contact Erica H. McMahon or Richard D. Smith at 202-418-2512, Consumer & Governmental Affairs Bureau.
Contact information for the FCC and its board of directors can be found at: http://www.fcc.gov/contacts.html
Attorney General Lockyer Files Lawsuit
Against One of Nation's Largest Junk Fax Businesses
July 22, 2003
Attorney General Bill Lockyer Demands That FAX.COM Turn Over Documents for State Investigation
Appeals Court Rules that TCPA Applies in California and Class Actions Can Be Brought
On July 22, 2003, in Kaufman v. ACS Systems (July 22, 2003, B155804) _Cal.App.4th, the California Court of Appeals reversed Superior Court Judge Ann L. Kough's ruling that California is an opt-in state. They ruled that 1) the TCPA applies in California and that enabling legislation is not required, 2) the TCPA is constitutional (already affirmed by the California Supreme Court), and 3) that class actions can be brought in California under the TCPA.
New Jersey Court Grants Class Certification Against Junk Faxers. New Jersey Superior Court Judge Theodore Davis recently (May, 2003) certified a class action against junk faxers Fax.com and Kevin Katz in the matter of Spectracom Inc. v. Fax.com and Keven Katz, et al.
The suit alleges causes of action under both the Telephone Consumer Protection Act ("TCPA") and the New Jersey Consumer Fraud Act. The class motion was argued by plaintiff's co-counsel, Philip Stephen Fuoco of The Law Firm of Philip Stephen Fuoco, 24 Wilkins Place, Haddonfield, NJ 08033. (856) 354-1100.
Counsel believe this is the first proposed class action where a class was actually certified by a court against Fax.com and that it may be only the second class certified under the TCPA. (For a copy of the class certification order or any questions, please contact the Law Firm of Philip Stephen Fuoco.)
passes 3 anti-spam laws
Lieff Cabraser files $2.2 trillion dollar
class action lawsuits against Fax.com, Cox Business Services
The lawyers do not want to make the complaint readily available because they don't want to deal with the hassles of copycat lawsuits. If you need electronic copies of these cases, please contact us and tell us exactly why you need a copy of the complaint (see the "Contact us" link in the sidebar).
Note: if you are prompted for a Username and Password when trying to load these documents, just click cancel. This is a well known Microsoft bug that nobody seems to know how to fix.
This story was covered by every major TV station in the San Francisco Bay area. Here are stories that were written:
Yahoo! News - Exec Seeks Trillions in Fax Lawsuit (Associated Press, Aug 23, 2002)
$2 trillion junk fax suit - Silicon Valley man demands Fax.com end unsolicited messages (San Francisco Chronicle, Aug 22, 2002)
U.S. lawsuits seek $2.2 trillion over "junk" faxes (Reuters, Aug 22, 2002)
Mercury News 08-22-2002 Entrepreneur files suit over junk faxes (San Jose Mercury News, Aug 22, 2002)
Lawsuit Seeks $2.2 Trillion for Junk Faxes (Wall St. Journal, Aug 22, 2002)
"Junk fax" lawsuits seek $2.2 trillion - Tech News (CNet, Aug 22, 2002)
Executive sues bulk fax company for $2.2 trillion (Ananova, UK, Aug 23, 2002)
Fax.com hit with $2.2 trillion lawsuits
Aliso Viejo firm is accused of flouting federal ban on unsolicited ads.
August 23, 2002
By BERNARD J. WOLFSON
The Orange County Register
A Silicon Valley entrepreneur and a nonprofit advocacy group Thursday filed twin lawsuits against Aliso Viejo-based Fax.com, each seeking class-action status and $2.2 trillion, alleging violations of a federal ban against unsolicited fax ads.
The federal law allows damages of $500 for each unwanted fax, plus triple damages. Assuming 3 million faxes a day -- the capacity cited on Fax.com's Web site -- that works out to $2.2 trillion a year. "I'd be very happy if we just got $100 billion," Kirsch said.
Fine buoys bill to ban junk faxes
Fax.com hopes powerful lobbyist can head it off.
August 21, 2002
By BERNARD J. WOLFSON and
HANH KIM QUACH
A legislative battle is heating up in Sacramento as state lawmakers rekindle efforts to ban unsolicited fax advertising while one of the nation's biggest "fax broadcasting" companies lobbies fiercely for survival.
Emboldened by last week's $5.4 million federal fine against the company, Aliso- Viejo based Fax.com, two legislators have resurrected a twice-defeated bill that would strengthen the federal prohibition against "junk faxes" by scrubbing a conflicting California law that allows them.
"The Federal Communication Commission's action may help, and that's why we've attempted a resurrection," says Sen. Debra Bowen, D-Redondo Beach, co-author of the bill.
In Fax.com's corner is Brian Hatch, one of Sacramento's most influential lobbyists. With his help, Fax.com hopes to dodge the bullet again. Some say Hatch's ties to another client, the powerful California Professional Firefighters, may have weighed on the minds of some lawmakers when Bowen's previous bill was killed by an Assembly committee earlier this year.
• See Orange County Register for full story
junk faxes sought // Technology - Two state senators see opportunity to repeal
law that allows unsolicited ads.
BERNARD J. WOLFSON
A pair of
state legislators Wednesday jumped on news of a federal fine against Aliso
Viejo-based Fax.com to resurrect a bill cracking down on junk faxes in
Assemblywoman Christine Kehoe, D-San Diego, and state Sen. Debra Bowen,
D-Redondo Beach, introduced legislation to ensure that a federal ban on
unsolicited fax advertising is upheld in California. Their bill would repeal a
conflicting state law that allows such faxes.
Assemblywoman Christine Kehoe, D-San Diego, and state Sen. Debra Bowen, D-Redondo Beach, introduced legislation to ensure that a federal ban on unsolicited fax advertising is upheld in California. Their bill would repeal a conflicting state law that allows such faxes.Kehoe said receiving unwanted commercial ...
• See Orange County Register for full story
FCC fines `fax blaster' // Technology Fax.com of Aliso Viejo receives a $5.4 million fine for violating a federal ban on `junk faxing' despite a contrary court ruling.
August 8, 2002
BERNARD J. WOLFSON
regulators Wednesday slapped a record $5.4 million fine on Fax.com, an Aliso
Viejo company, for violating a federal law that bans ``junk faxes.''
The fine is the first levied on a company in the so-called ``fax blasting''
industry, and the largest ever imposed under a 1991 law meant to protect people
from commercial abuse of telephone lines.
``As a result (of Fax.com's actions), many consumers have been harassed in
their homes and had their ...
The fine is the first levied on a company in the so-called ``fax blasting'' industry, and the largest ever imposed under a 1991 law meant to protect people from commercial abuse of telephone lines.
``As a result (of Fax.com's actions), many consumers have been harassed in their homes and had their ...
• See Orange County Register for full story
FCC fines fax.com $5M (Reuters)
Trying to discard junk faxes
(San Francisco Chronicle, Jul 29, 2002)
Junk Fax in the News
to pay for "junk fax" messages
(December 4, 2001)
ESPN.com NFL -
Cowboys to pay $1.73M for sending unsolicited faxes
(Dec 3, 2001)
Nicholson v Hooters of Augusta, Georgia
Cellular recently agreed to pay $400,000 (July 9, 1999)
(article in Orange County Register around July, 2001)
fax.com for $2.45M (June 18, 2001)
In Review (May 12, 2001
Just the Fax
(May 6, 2001)
Hooters hit with $12 million damage award
(April 5, 2001)
GROUP SUES TO CEASE UNSOLICITED FAX ADS
(April 5, 2001)
See Junk Fax in the News for more headlines.
Other spam-related news items (not junk fax specific)
Unanimous California state Appeals Court ruling that California can require Internet "spammers" to identify their e-mails as advertisements.