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Michigander Beats Spammer With "Junk Fax" Law
TastyWords writes "According to this link, it's possible to apply the 'junk fax law' to successfully sue a spammer in small claims court. For those who are stuck in states which either have worthless (or near-worthless) anti-spam legislation, this creative approach of the law presents a creative method of turning the table on those who choose to spam first and ask questions later. All of the details are available for enterprising anti-spammers!" Update: 02/25 00:30 GMT by T : OK, so it's Michigander, not Michiganian. Too long as a Texon, Marylandite and Tennesseenaut.
we're Michiganders BTW
I want 2D games back.
1) Hunt down spammers
...and now we have the missing step 2. Thanks Mark!
2) ???
3) Profit!
Shameless plug for my photos on Flickr
I was wondering how one might argue that e-mail == fax (unless the law is very loosely worded) from the write-up. Here's what the article says:
/dev/null to your printer, and watch the money roll in. It's like printing currency!
Essentially, I argued that under the title code, my computer is also a fax machine and that email is really no different from fax. My computer has a fax modem, fax software, a scanner and a printer, I received this email using a dial up phone line connection and printed the message.
That's really creative! (Especially from a non-lawyer).
It's not even particularly deceitful -- the reason fax spamming is illegal is because you use the resources of the recipient fax machine and associated items (fax paper, ink).
E-mail does, in fact, use the resources of the recipient computer, not least of which is the downward ISP connection, for which recipient pays a monthly fee, and which has limits imposed.
Still, it's pretty creative to say: "I printed it out. Now it's a fax. Pay!"
So, if you think the decision will be upheld on appeal, you might as well start cashing in in advance: Change your spam redirect from
For more information, please send a self-addressed stamped envelope to the e-mail address in my profile, along with a check made out to my username in the amount of $3.99. This includes shipping.
It's an informational brochure with no obligation. This guy is making it big. After a careful study of his case (IANAL), I've concluded that so can you.
You'll never have to work again.
Note: If you print this message you agree to opting in to my Slashdot Troll Service and may not sue me for junk faxing you. (If you don't print it it's not a fax).
--
I took some notes on our conversation, and then he sent me a fax. Do you want to see them?
Just the fax, ma'am.
Suddenly there is a use for those things!
Can't we all just accept the fact that we are all Earthikans and live in peace?
Vote Nixon in 3000!
(it's a Futurama joke)
"Ask yourself this: should we rape the rapist?"
That's between him and his cellmate.
I read it as:
"meshugener(1) beats spammer!"
Ahhh.... violence that everyone agrees to....
(1) madman in yidish
^_^
I was hoping to see a title like "Michiganian Beats Spammer With A Baseball Bat". THAT would have been more to my taste.
Follow your Euro bills at EBT
He is indeed in Michigan. I look forward to seeing that SOB buried in small claims actions in Michigan.
Let's see... How many people has he spammed in MI? A few million or so?
Call it "The Death of a Million Cuts."
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
I think you mean a Texan. A Texon would be, like, the quantum unit of Texases.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Hunt down spammers for fun and PROFIT!!!
Even better...(when faxing to someone)...fax a black piece of construction paper. I wonder how much toner would be left in their fax machine after just one page?
Tax free? Compensatory damages are tax free. However, punitive damages are not. I believe that damages awarded under the TCPA are classified as punitive, considering the compensatory portion, the actual cost of a page of paper and the ink on it, is like 3 cents (or $54.95 if you have an HP inkjet).