Posted on 08/07/2002 7:34:32 PM PDT by GeneD
WASHINGTON (AP) - The Federal Communications Commission issued a record fine of nearly $5.4 million Wednesday against a company for sending "junk faxes" to businesses and consumers.
The fine against Aliso Viejo, Calif.-based Fax.com is the largest ever by the commission for violations of the Telephone Consumer Protection Act. The law protects against unsolicited faxes, telemarketing calls and prerecorded messages, among other things.
"Fax.com appears to have founded its business on the practice of sending unsolicited faxes in flagrant violation" of the law, Kathleen Q. Abernathy, an FCC commissioner, said in statement. "Despite repeated warnings from the commission and numerous consumer complaints, the company appears to have made no effort to mend its ways."
The fine is also the FCC's first against a company known as a "fax broadcaster." According to the FCC, Fax.com sent advertisements and other messages on behalf of more than 100 businesses for a fee, sparking 489 violations.
The FCC said it believes Fax.com "engaged in a pattern of deception to conceal its involvement in sending the prohibited faxes, and that the company has not been forthcoming in its dealings with the agency."
A lawyer for Fax.com, Mary Ann Wymore, said the company feels the rules on unsolicited advertising are an unconstitutional restriction of its freedom of speech.
"We are extremely disappointed in what the FCC did today," she said. "We just found out about it today, so we need to take a look at it, but I feel confident that we're going to challenge it."
The company has 30 days to either pay the fine or file a response with the FCC. The fine calls for the company to pay the maximum penalty of $11,000 per violation.
The FCC is also issuing citations to more than 100 businesses that used Fax.com, warning that they too could be liable to pay the maximum fine if they continue to send unsolicited faxes.
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On the Net:
Federal Communications Commission: http://www.fcc.gov/
Y'know, the city where I live requires a tag to be attached to each can of garbage before they'll pick it up. The city sells the tags for $1 each. So, the people who send me junk snail mail are forcing me to incur a cost to dispose of their bilgewater... Can I recover my garbage fees from them? (grin)
Does anyone have the fax number of Mary Ann Wymore. I'd like to show here a litte free speech at the cost of her fax ribbon and a tied up fax line she can't use for business.
Now if you will excuse me, I am off to hunt for a fax number.
Not even close to being the same thing. I have to pay for the ink and paper that is used to receive these unwanted junk faxes. If Fax.com wants to supply me with paper and ink cartridges, they can send me all the faxes they want. Until we reach such an agreement however, they should stop spamming me with these junk faxes.
I can choose NOT to buy the Washington Compost (which I happily do).
Does anyone have the fax number of Mary Ann Wymore. I'd like to show here a litte free speech at the cost of her fax ribbon and a tied up fax line she can't use for business.
Now if you will excuse me, I am off to hunt for a fax number.
What are the chances there are two attorneys with the same name? We will have to make a call to them in the morning to find out. Stay tuned.
As if two wrongs make a right to begin with. As if harassing their office and purposely depriving them of their business, and across interstate lines, is lawful. Sheesh. The woman is a lawyer and an American. She can state her case before a court of law for review and judgment. What is unAmerican is conspiring to use Nazi-like bullying intimidation tactics in order to get one's way or make one's point or show one's dissatisfaction.
I am merely exercising my right to free speech. If a thousand other people wish to similarly express themselves, so be it. Actually, I would think this attorney would be flatered, so flattered she might even go out and buy a case (or three) of fax ribbon.
Well...if your're going to do it right....three pages of black construction paper, scotch taped together to form a continous feed....works like a charm.
Let 'em sue. It wouldn't be the first time. Ain't beat me yet. Just tell me where and I will show up.
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