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fax.com Finally Fined $5M For Fax Spam
originalhack writes "If you are tired of getting calls in the middle of the night with nothing but a fax calling tone, you will celebrate this. Fax.com, who is well known for wardialing in their search for fax machines and for sending junk faxes, has finally actually been fined. The long arm of the law often moves slowly, here is the order. If you don't want to wait for the feds to stop your favorite junk faxer, you can try your luck in small claims. Federal law passed in 1991 (known as the TCPA) makes it illegal to send any material transmitted via facsimile that advertises the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission. If the fax was deliberately sent to you (as most junk faxes are), Federal law entitles you to recover a minimum of $500 and, depending the judge's discretion, up to $1,500 for each such fax that you receive. More info at junkfax.org."
If you're in the UK and receive junk sales faxes, then you can block 99.9% of them by registering with the Fax Preference Services at www.fpsonline.org.uk.
After 1 May 1999 it became illegal to send faxes to individuals without prior consent, and businesses have the right to 'opt-out', which is what this list manages. I used to get dozens of junk faxes a week, after registering in August 2001 I have had no more than 2 or 3, so it definately works - although it takes 3-4 weeks for the block to become active.
Obviously, as it's a marketing industry-run scheme (which they had to do to prevent government-enforced action), they don't go out of their way to advertise this list, but it does work.
Jolyon
Please read my Canon EOS tech blog at http://www.everyothershot.com
1) Build an email -> FAX gateway with catchall domain.
2) Put semantically overloaded email addresses into OPT-OUT/Cancel/Remove links on various web sites.
3) Wait for FAXES to print out.
4) Start legal procedings in small claims.
5) ...
6) Profit.
Ya know, if fax.com had just taken the time to buy out the senators and representatives from their region, they probably would have avoided this whole mess, and they probably could have gotten away with less capital outlay - This model has been shown to work with other high profile companies
For a very simple reason - many businesses don't have internet email, but almost everybody has faxes. The pharmacy that I am the frontshop manager at does not have internet access at all, just it's own intranet. We simply cannot get email. (Head office people, of course, get whatever they want, including net access.)
Faxes are a huge part of our business - prescriptions are legal documents, we can only accept originals or copies faxed directly from doctor's offices (and for some drugs, even those are not allowed). Many doctor's offices also refuse to business by phone at all, but strictly by fax, simply so they, like us, can keep paper trails for everything. Without signatures or copies of signatures, we'd be up sh*t creek in case anything were to go wrong.
And no, *gp-signed email is not an answer. As a pharmacy, we are regulated by various provincial and federal agencies. They don't recognize a lot of stuff without hardcopy in the form of originals or faxes.
The most amazing thing was that some of them even replied. In which case I did send teh fax again (in 512 point again offcourse, making them pay another solid 6 meter of paper and half a fax cartridge) One of them seemed smart enough to send back a message in 512 point size too, which costed me nothing since I received faxes on my mac. Nowadays many spammers use this feature too, or don't let the fax machine accept my reply. I gave up faxing a long time ago anyway
When will I end this grieving ? When will my future begin ?