I really
hate
these rat-bastards that continue to waste my money by sending
their unsolicited garbage in to my fax machine. I've called
all of their "please remove my number" numbers and been
ignored. I'm finished playing games and playing by the
rules. I'm ready to sue these jackasses and put 'em out of
business. At the very least, if you feel the same way about
junk faxes as I do, in addition to putting the companies that send
this trash out of business, I urge you to never patronize any
company that utilizes their services, either.
Texas Consumers:
There are some pretty effective laws already on the books that
allow you to sue for damages, getting $1,000-per-fax-received
award!!! Time to go after some deep pockets and make them
stop their campaign once and for all...if you wanna go after 'em
in court and it won't cost you a penny, then e-mail me and be sure
to include the words
"Junk
FAXES Texas" in the subject line.
California consumers:
There's hope on the horizon. Gov. Davis just signed a bill
that'll hopefully put companies like Fax.com out of business, or
at least make it more difficult for them to continue to harass us
with their unauthorized fax-crap. The law's scheduled to go
into effect on 01/01/03.
For everyone as irritated with Junk Faxes as I am, read on for
more information about this nuisance; also
checkout
the special (growing) section created to build a
list of violating companies for you to contribute to as well:
From my January 6, 2000 column...
Dear Ben: I am so ticked off I can't see
straight! I keep getting these unsolicited (junk) faxes at my
office and finally decided to fight back. There's one major
violator based right here in North Texas (Plano to be exact) that
is violating the FCC's rules as I understand them. I did some
investigative legwork and found out that the clown that's running
this "fax broadcast" service is doing so out of his home
and doesn't seem to care much about the rules of the game. How do
I get him to not only get my number off of his list, but slap him
for flagrantly breaking the law?
--Larry B. in Dallas
Dear Larry: I'm with you! Hammer this clown with
whatever FCC rules and regulations we can utilize. I get junk
faxes from time to time from a company that's "taking a poll
about ________" (fill in the stupid question/topic du jour)
and in order to weigh in with my opinion, they hope I'll call a
900-number to the tune of $1.95 a minute! So your timing is good;
I think I'll join your anti-junk fax campaign, too!
According to the Federal Communications Commission:
"FCC
rules prohibit the transmission of unsolicited advertisements to
fax machines. No person may transmit an advertisement describing
the commercial availability or quality of any property, goods or
services to your fax machine without your prior express permission
or invitation." FCC rules also require that any message sent
to a fax machine "must clearly mark on the first page or on
each page of the message the date and time the transmission was
sent, the identity of the sender and the telephone number of the
sender or of the sending fax machine. All fax machines
manufactured on/after December 20, 1992 or facsimile modem boards
manufactured on/after December 13, 1995 must have the capability
to clearly mark such identifying information on the first page or
on each page of the transmission." Got it?
Contact the company (do it in writing/always paper your trail!!!)
and demand that they immediately cease and desist all unsolicited
faxes to your fax number (don't forget to include the phone number
your fax machine answers on). Since by law they're supposed to
clearly mark their sending fax number on those junk faxes you've
been receiving, I suggest you turn their latest bit of fax trash
and write your cease and desist message on their fax, along with
your fax number and send it right back to them. In your case,
since you know the name and address of the junk fax sender, it
might not be a bad idea to send them your Junk Fax Cease &
Desist Letter" via Certified Mail/Return Receipt Requested;
not only does Certified Mail get the attention of the recipient,
it allows you to clearly document your case in the event you need
to take it to the next level, as in the FCC. Junk fax companies
are clearly being scrutinized by the FCC; one such company (based
in California) was fined $85,500 for repeatedly violating the
Telephone Consumer Protection Act. More information about junk
faxes/unwanted telephone solicitations can be found at or
www.ftc.gov.
From my March 15, 2002 column:
Dose of Dover For The Week: Somehow. Some way.
We've got to put the brakes on the increasing stream of garbage
we're getting bombarded with in just about every corner of our
lives. I think the only we're ever going to make our voices heard
is by banding together and collectively agreeing to refuse to do
business with any company that solicits new business through:
Sending of junk e-mails [also known as spam]; Sending of junk
faxes; Placing annoying telemarketing phone calls; Hiring a
"marketing" company to engage in either a, b or c.
I've received junk faxes from companies offering: Accounting
services, satellite TV, mortgage/re-financing, Internet and cell
phone service, sales and leasing of autos, furniture
liquidators...and the Big Kahuna...the #1 violator of all? Junk
broadcast fax companies themselves! I'm compiling a list (on my
website) of companies that advertise using these methods. I invite
you to add your own list of violators to this
Rogue's
Gallery of Companies To Never Do Business With. The
"marketing" companies that actually send junk e-mail or
place telemarketing calls will always flourish (they're like
cockroaches) and are just about impossible to stop.
But if their advertisers wake-up and realize that they're
alienating potential customers because of these marketing methods,
maybe we can cut them off on the money-side of the equation. It's
worth a shot, isn't it? I've already started the list; you're
welcome to add your own and vent a little along the way:
www.bendover.com/rogues.asp
(I'll keep you updated in the months ahead on our progress. We
will overcome...!)
From my February 15, 2001 column:
Wow! Did I ever touch a nerve with my
column a couple of weeks ago about those pain-in-the-butt junk
faxes, e-mails and phone calls. Here's a sample of some of your
solutions that lit up my mailbox:
From Peter via e-mail: "I too detest junk
messages be it spam, fax,telephone. They are not a complete waste
of time though; they just let me know where not to shop! I use a
computer to receive my faxes. I personally like it because it
makes things easier to store and forward when necessary. I used to
get junk faxes all the time, so I started storing them in a
special folder. Whenever a firm sent me a junk fax, they always
tell you to fill out the form & re-fax it to another phone
number. I added their new junk fax to the folder and simply
re-sent them the entire contents of that folder. They got
everything from restaurant menus to cruise line specials. Yes, it
got quite lengthy at the end, but computers make it EASY and these
days even long distance is cheap (assuming they haven't given out
an 800-number to call). You know, I haven't received a junk fax in
over six months, so I guess it worked for me!
From Fred P., also via e-mail: "I enjoyed
your February 1st article, but would like to suggest that before
you head up any (well intentioned) effort to stop junk faxes, you
consider the existing federal laws regarding the same. You may be
pleased to hear that unsolicited faxes are illegal and that they
must be stopped if you so request it. Further, if the faxing party
does not stop, then the law allows a bill back to recover the cost
of paper and more. I wish I knew enough about this law to quote it
song and verse, but sadly, I only know that such a law exists.
Keep up the good work."
Fred's right, but just finding a legitimate contact phone number
and accurate address can be quite an undertaking. I know, because
it's taken me a few months to locate one of our area's biggest
violators of the law covering junk faxes. And it's not as easy as
just "billing" someone for your cost of paper and more,
either. You've got to file a lawsuit, and these daily violators
know that neither you or I have the time to screw around filing a
lawsuit against them. According to the Direct Marketing
Association's website: "Contact your local or state consumer
protection office to find out if your state permits you to file
suit to stop solicitation calls or faxes and/or to file suit for
actual monetary loss. The penalty for violations is generally $500
in damages or actual monetary losses, whichever is greater."
Thanks to Fred's challenge, I've added new information about how
to complain and get paid for their unlawful activities:
www.bendover.com/Junkmail.asp
