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Legal question for anyone.....

Posted by Richard, C.Ped on 8/27/03 at 11:13 (128151)

Do you guys know if it is legal to bill a company for junk mail faxes? It uses my paper and cartridge (expensive) and I was just wondering if there is a law aganist billing them for the use.
Richard

Re: Legal question for anyone.....

Max K on 8/27/03 at 12:03 (128157)

This might help:

http://www.keytlaw.com/faxes/junkfaxlaw.htm

Max

Re: Legal question for anyone.....

BGCPed on 8/27/03 at 12:12 (128159)

Yes it is. It is a violation of the telecomunications act. You can get $500 in small claims and up to $1.500 if you can prove it was done on purpose. The law states that a phne solicitor can call but you have to tell them to not call again, then they must stop.

Junk fax on the other hand is not suposed to be sent unless you ASK them to (which you obviously didnt) They put the remove number at the bottom to trick you. If you call it they will record your number and you wont get another fax from 'Joes Tree Service'

The company will roll your number on to another cd rom they sell with 250,000 active fax numbers on it so next day you get one from 'Dumbguys Travel'. Call them and ask, they know the law and they will get pissed and evasive. They will tell you to just forget it cause its just paper.

There are some good links at http://www.junkfax.com if more people would slame thses clowns it would be great. I also bought a Telezapper for my fax and it works for some since they use war dialers that computer dial 2000 numbers a minuts to find faxes. The telezapper sends a signal to their machine that it is a disconnected number so they delete it from database.

Richrad dont be a cheap Scotsman and just buy more ink and paper.

Re: Legal question for anyone.....

Richard, C.Ped on 8/27/03 at 15:10 (128169)

Im 'thrifty'...thank you very much!! :p lol.

I called the company and asked for their accounts payable department. Man o man did they get defensive. 'What do you want AP for?' 'Who have you spoken with in the past?' I told them that it is regarding two invoices. The did not like that either. When I finally told them that it was for the use of my fax machine...I was told I was stupid and hung up on...lol

Thanx for the links guys...
Richard

Re: Legal question for anyone.....

john h on 8/27/03 at 16:57 (128183)

Richard in the end the only one that will end up with money is the lawyers. My company was sued some years ago by another company for $10 million dollars. We counter sued. I visited with the President of the other company who I knew very well. I told him in the end their would be no winners. My company was a large corporation with headquarters in the north and actually a subsidary of GE so we had very deep pockets. He said the people of our very southern Little Rock would look favorably on him against the big company form the north. Five years later and hundreds of depositions later the trial took place. The jury came in about midnight and in un --legal terms it was declared a 'dog fall' meaning he got nothing and we got nothing. Our legal fees were around $300,000.00 and so was his. He went into bankruptcy as a result of this. GE marched on down the road. His suit by the way was totally frivilous.and his lawyers worked by the hour for 5 years. It was not one of those deals where you only pay if you win.

Re: Legal question for anyone.....

Ed Davis,DPM on 8/27/03 at 20:59 (128228)

Richard:

The cost issue aside, I really don't want my fax machine tied up unecessarily. Our fax machine, from insurance company authorizations, primary care doc referrals, lab results, surgery scheduling is probably the most heavily used machine in the office. I recently got one of the fastest ones around with a big memory buffer to deal with the volume of stuff.
Ed

Re: Legal question for anyone.....

BGCPed on 8/27/03 at 22:47 (128239)

Thats right Richard, they hope you just take and dont do anything but it is against the law for them to do it. The guy that fights them in court has audio recordings on his website. It is very funny because he explains the law to them and how he is going to sue them and are they aware of the law. They either get pissed at him or play dumb....pretty funny

Re: Legal question for anyone.....

Richard, C.Ped on 8/28/03 at 08:33 (128265)

I would never take it that far. I have sent out quite a few invoices this month to companies. I charge $25.00 per page and a $5.00 processing fee (whatever that is) haha. I am going to call that one company back today to see if I get called stupid again. LOL!! I think I will do that a few times a day. hmmm...isnt that harrassment? Oh well. OOOHHH...or maybe place a HUGE order then give them their own address. Man...the endless mischief I could get into. Don't worry...I'm not going to do that. :-?
Richard

Re: Legal question for anyone.....

BGCPed on 8/28/03 at 10:28 (128275)

Another option is to get their email address and fax number and go online to coupon.com and sign them up for all kinds of great offers. They will be happy that their email and fax are filled with the junk they send out all day