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Miscellaneous small claims success stories

$1,000 in Pocket and Two More Suits Pending
 
From: Bill Blankstyn [mailto:the-compiler@cox.net]
Sent: Tuesday, July 22, 2003 11:01 PM
To: help@junkfax.org
 

My name is Bill Blankstyn and (I am) 1 for 1 in Arizona Small Claims Court using 47 USC 227.  Technically, I filed in SC, the def. moved to Justice Court to get the lawyer involved, but when the lawyer finally read the law and complaint, the defendant was "...ready, willing, and able" to settle the case.  I filed in March and put $1000 in my pocket two weeks ago.  However, I am not using unsolicited Faxes, but sec. 227(b)(1)(B)

 

to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by rule or order by the Commission under paragraph (2)(B);

these calls are a great annoyance to me... but when I found 47 USC 227, I literally started dancing.  I want to help people win by squeezing the noose around the violator.  Forget about "DO NOT CALL REGISTRATION".  Call me.  Please!  I want to sue you!

I currently have 2 more cases "in the hopper", and will have a third soon against MAVCOMM, aka, .... [You Know Who] 

I want to thank you strongly because of the aka's provided on and through your site.  As you know, Mavcomm has an injunction against them in California... and now are moving into Arizona without a license to do business here, and no tradename registration, and no registration under Telephone Solicitors with the Arizona Secretary of State, under anyone of their dba's, or aka's.  

Settled or Received Judgment in 13 of 13 Cases

From: Rich Bail [mailto:thebails@earthlink.net]
Sent: Wednesday, June 11, 2003 8:13 AM
To: help@junkfax.org
 

My name is Rich Bail. I live in AZ. I have been privately going after Junk Faxers and their clients in court; very successfully I might add. I have settled or received judgment from 13 of 13 cases.
 
I am a few days away from a default judgment against Sunbelt, who has avoided service and then not responded to my suit after alternate service was allowed. I expect to be awarded $2,500 plus costs, and expect that they will not pay.
 
Can you provide me with any information about their corporate location, Owner, President, phone numbers, etc. Bank name would also be helpful. Anything that you can do is appreciated.
 
By the way I have just proceeded against Fax.com. I waited until I had judgment against their clients before proceeding with them.
 
It is working. Five of the 13 have stopped their faxing effort due to the trouble I caused them. A drop in the bucket, but if there are enough of us it will get very expensive for them. Keep up the good work.

R. Bail



Faxer Happy to Settle for $1,000 + Court Costs

-----Original Message-----
From: Sales [mailto:Sales@DrakeBliss.com]
Sent: Thursday, April 17, 2003 11:57 AM
To: help@junkfax.org
Subject: Thanks!

Mr. Kirsch:

I just wanted to let you know that was able to settle a small claims court case today using mediation for $1,000 plus court costs. This was for 2 junk faxes I received in January and February. The local mortgage broker business was using an auto-dialer to send out his junk ad faxes to everyone in the area.

He was very happy to settle for the $1,000 versus the $3,000 I was asking for in my suit. I think there may be one less junk faxer in Florida today!

Thanks You for having this great resource for combating these junk faxers. Hit them where it hurts... In the pocketbook!

> Awesome... Did the site help you?

Yes, your site is truly outstanding in helping someone sue the junk faxers. I was able to modify a complaint that I found on the junkfax.org site to use for my own circumstances. The mortgage broker (junk faxer) settled during mediation this morning, he was quite happy to cut his loss to only $1,000 vs. the $3,000 I was asking for. I feel very confident that the judge would have awarded me the $3,000 if I would have pursued the case, but then I would need to find a way to collect on the judgment, not so easy here in Florida. The mediation took less than 15 minutes and I walked out $1,000 richer! He also paid the court costs of $69.50.

This individual said he has a lawsuit pending against the firm that sold him the auto-dialer and numbers he was using. It is a California company that uses the following number to get off the list: (800) 405-5537. It appeared that it dialed the numbers and then if there was a fax, it sent you the ad. They had no idea who they were calling, only if a fax answered they sent their junk fax. I told him I did not think this was a good way to do business, but he insisted that he had made a lot of money doing it.

Thank you for spreading the word about how to nail these businesses who use junk faxes to promote there product. NOW... If we only could do the same for the email spammers. Maybe Congress can extend the statues to email and then I could really start making some money!

-------------------------------------------
Drake Bliss, REALTOR, MBA
Fort Myers, FL
drake@WaterfrontWonderland.com


Small Claims Action Probably Stopped Hundreds of Thousands of Unsolicited Faxes

From a junk fax fighter:

Here's what my business did.

I (the president) spent 6 months listening in on this list, asking
questions, clarifying my own misunderstandings, etc. I read all the
pertinent laws and regulations. And I asked more questions. I memorized
the statute numbers and subheadings (just barely; I still get them
wrong). I tried to understand as many strange legal concepts as I could,
not having ever thought about them much in the past. I learned that some
people here know a whole heckuva lot more than I do, and in particular I
learned that one must be very careful and precise when it comes to legal
issues. I learned a bunch of constitutional stuff. All things one needs
if one wishes to succeed in court.

After the approximately 200th junk fax arrived, I then chose a local
advertiser who had signed on to the fax blasters' scam; I took them to
small claims court (the first small claims or other court experience I'd
ever had) in my own county so I wouldn't have to worry about travelling
or foreign collection problems, etc.

I argued and won my first, third, fourth, and fifth cases. After the
third and fourth cases, the court arranged for the local paper to show
up, and the paper then wrote several articles about my cases. The
articles educated a lot of potentially clueless small business
advertisers who might have been thinking of "saving" a little marketing
money by junk faxing, and who might have mistakenly decided that it must
be legal because they get so many junk faxes on their own machines.

In short, I ended up (unintentionally) collapsing the potential local
market for the fax blaster's illegal services, also marketed illegally
("Fax Advertising Works!"). Had I not done so, the same advertisers
would very likely have continued faxing another 100,000 junk faxes into
my city and county.

When the legal arguments got overly technical in the second case, I lost.
I appealed and later won the second case (the arguments were apparently
overly technical for the magistrate as well). This resulted in written
case law binding in my own county/district, binding on the small claims
court, and authoritative in the rest of my state (and country). As I
asked questions about process and so forth, some of the more experienced
people on this list answered. I also spent a small amount of money
consulting with an attorney.

The defendant of my sixth case, under the advice of their attorney to
whom I provided a copy of the local case law, settled.

I've recently prepared expert declarations in two class action lawsuits
as a result of my experiences fighting junk faxes.

And, without ever having called that fax blasters' remove number, my
company machine stopped receiving junk faxes from them after the second
case. And that fax blaster's successor business (Sunbelt) has never once
faxed my company machine since they started up again last year.

It has been (and remains) worth the effort in every way ... except
financially. And of course, the company machine still gets junk faxes
from all the other blasters and advertisers and general underbelly of
American marketing.

So it goes, one battle at a time.

PS. Last week, I had dinner with a friend of my wife's who receives all
the same faxes we all do in her home office. She told me I was "her
hero". She's the second local small business owner (also female) to use
those exact words. Highly satisfying, in a Russell Crowe kinda way :)))


California's C.C.P. 170.6 allows me to
disqualify a judge if I believe the judge is
prejudiced against me or my interests.