go_team: (Default)
go_team ([personal profile] go_team) wrote2003-09-04 09:55 am

(no subject)

You know what sucks? Spam faxes. I have a fax machine because my grandparents don't do email but will send faxes, and every now and then I get a phone call that turns out to be a junk mail fax, which makes me grumpy. First of all, we're on the national don't call list, and second of all I'm pretty sure sending unsolicited faxes is illegal, since it costs me fax paper and telemarketers and the like are only allowed to go about their business if all it costs me is time. So, any of you who know more about this kind of thing are strongly encouraged to post below (in particular, if there's any way of reporting the fax-spammers so they get in trouble, I'd like to know about it). I'd go ask the Internet, but it's time for me to get dressed and go to work. Aside from this one interruption, it's been a lovely morning thus far.

[identity profile] istgut.livejournal.com 2003-09-04 05:22 pm (UTC)(link)
i think you have to request to be removed from their list. if they fax you again, though, you can sue for damages in small claims court :)

there are webpages, but i dont have any of the links with me, currently...

[identity profile] cubetime.livejournal.com 2003-09-04 08:21 pm (UTC)(link)
Mark E.'s right, you can sue them for a minimum of $500 per fax in small claims court under some subsection of the US Code. Your state may also have more stringent laws about junk faxing (for example, I think WA does).

However, it's probably going to just be a big pain in the ass if you try. Here's why (Oooh! a list!):
  1. If they're sending junk faxes and they know that they're breaking the law, they probably have some way of weaseling out from under it.
  2. If you do figure out what the actual business is and file against them you have to serve them with a notice to appear, which can be hard and can cost money.
  3. When the case goes to court, you have to convince the judge that small claims court is the right venue for this lawsuit (which is tough, because small claims court doesn't usually hear cases about federal law, even though that's what this law seems to provide for).
  4. If they do appear (or even if they don't and you win by default), you still have to collect from them. If you're really intent on it, this may require court orders to freeze assets, or tap bank accounts, etc., which will take more time and effort.

Of course, the first thing you do is send them a demand letter and a settlement offer, which they might just buckle under and pay. You can also report them to the FCC and possible the FTC.

[identity profile] erinpie.livejournal.com 2003-09-04 06:28 pm (UTC)(link)
The national don't call list doesn't start until october, doesn't it?

[identity profile] flamingweasel.livejournal.com 2003-09-04 06:35 pm (UTC)(link)
From what I understand, unsolicited commericial faxes are a big no-no. There were signs up at work saying that if we ever got a complaint, we should forward it to the top of the food chain post haste.

HOWEVER! I had the coolest artifact ever at work: a Nigerian spam, transcribed onto official letterhead and faxed to us at work. It was even signed. So cool.

[identity profile] alpinebutterfly.livejournal.com 2003-09-04 07:41 pm (UTC)(link)
Here's a stategy I read about once (maybe in Adbusters?):

Fax them back a single sheet of black paper, with a tiny white post-it note in the center that says "Please do not send me unsolicited faxes ever again" or something like that. It uses up a lot of toner and looks pretty intimidating.

-Anna

[identity profile] goteam.livejournal.com 2003-09-05 12:04 am (UTC)(link)
I was thinking about maybe taping paper into a loop and sending them a loooooong string of "Stop faxing me!" In fact now I'm wondering how many times I'd have to run such a loop to run them out of fax paper. I guess if I got black paper I could aim for running them out of toner, too.... hmmm.