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.

Comments

Alan Ralsky

[ShaiHulud-23]

I seem to remember seeing Ralksy's address somewhere (wink, nudge)... he's a resident of Michigan. Now we just need every citizen of the state to sue him for a couple hundred bucks each.

It is valid.

[www.sorehands.com]

The definition of a fax machine under the TCPA does cover a computer with faxmodem and printer. There are many lawyers who argue that it is not intended to be used that way and the courts will not support it. I have been unable to find any binding case (ruled on by an appeals court) in the country that has said a computer with faxmodem and printer does not qualify as a fax machine. The only case that comes close is one that argues over jurisdiction in state of federal court. The appeals court mentioned that it was spam in a footnote, but took no action. As this was an appeals of a summary judgment, the court had the ability to dismiss on the issue of spam TCPA not applying to spam, but did not do so.

More information is at http://www.phillipsnizer.com/int-art111.htm

Re:Money !

[BadDoggie]

No. You file where YOU are, which is where the crime took place. A spam mesage may have bounced through servers in New Zeland, China, South Africa and Kazakhstan, but it ended up where you are. This is no different from buying a mail order widget that doesn't work. The company may be in East Nowhere, North Dakota, but if you're in Frostbite Falls, Minnesota, you sue them in the Frostbite Falls courts, and you have any advantages Frostbite Falls law might lend you. This doen't preclude you from suing in East Nowhere, but you need to show their violation under East Nowhere law, whereas in Frostbite Falls, the widget didn't work.

Example: Don't sue corporations in Delaware; Delaware sells itself as corporation-friendly. Their laws are set up to make incorporation easy and make all things nice for corporations. Just have a look-see at the Central Delaware Chamber of Commerce site before you disagree. I set up two corporations in DE myself.

Two entirely meaningless observations.

[Apuleius]

1. That Ralsky fellow, him what allegedly got millions by spamming, lives in Michigan. 2. So do many Slashdotters. Hmm....

Re:Money !

[blincoln]

You file where YOU are, which is where the crime took place.

Experts disagree.

(From the first link)

"You sue an Illinois citizen in an Illinois state court for breach of contract. It doesn't matter where you live, or where the events leading up to the lawsuit took place because an Illinois state court has personal jurisdiction over all citizens of Illinois."

This makes sense. Otherwise it would be incredibly unfair to defendents, who would have to travel to the location of the plaintiff on the plaintiff's whim.

Contract?

[jcr]

Asking you to sign a contract when they lost in court, is pretty goddamned sleazy. I'd suggest you send a copy of that to the court, and ask the court to bitch-slap Sears and their law firm for that.

You don't have to enter into any kind of agreement with someone who owes you money pursuant to a judgement in order to collect what they owe you.

BTW, Sears has a long history of sleazy shyster tricks. Look up what they did to the inventor of the socket wrench sometime. When I want tools, I go to snap-on.

-jcr