(no subject)

[go_team]

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.

Comments

[istgut.livejournal.com]

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...

[cubetime.livejournal.com]

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.