Richard’s Ramblings

I take all forms of junk mail seriously — whether it be junk faxes, spam, or those dámn leaflets people leave on my doorstep. Thus, the following:

To Whom It May Concern:

At 2:15 p.m. on October 16, 2003, you sent a facsimile (the “Fax”) to my facsimile machine that is connected to my telephone number [NNN-NNN-NNNN]. A copy of your Fax is enclosed. The Fax is an advertisement for the commercial availability or quality of property, goods, or services. You sent your Fax to me without my prior express invitation or permission. You and I have never had an established business relationship.

A federal law enacted in 1991 called the “Telephone Consumer Protection Act” (the “Act”) provides that “It shall be unlawful for any person within the United States� to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.” 47 U.S.C. � 227(b)(1). The federal law also provides that “A person or entity may� bring in an appropriate court� an action� to receive $500 in damages for each such violation� If the court finds that the defendant willfully or knowingly violated this subsection or the regulations�”, the court may triple the damage award. See 47 U.S.C. � 227(b)(3) (emphasis added).

By sending the Fax to me, you violated 47 U.S.C. � 227(b)(1) and are now liable to pay damages to me of not less than $500 under 47 U.S.C. � 227(b)(3). I believe you willfully or knowingly violated the Act, which would make you liable to pay me $1,500. I am willing to waive my right to seek damages of $1,500 and will agree not to file a 47 U.S.C. � 227(b)(1) lawsuit against you if you pay me $500 on or before October 31, 2003.

If you do not pay me $500 by the deadline for payment, I intend to sue you in San Jose, California, for violating the Telephone Consumer Protection Act. If you force me to sue you, I will not settle for less than $1,000 and will seek triple damages of $1,500. I also demand that you immediately cease and desist from sending any facsimiles to me in the future.

For information about the Act, see the article entitled “Junk Fax Law - the Telephone Consumer Protection Act of 1991,” which can be viewed on the Internet at keytlaw.com/faxes/junkfaxlaw.htm. This article contains links to the complete statute, the federal regulations interpreting the Act, several junk fax articles and articles on a recent class action lawsuit called “Nicholson v. Hooters of Augusta, Inc.,” (Richmond County, Georgia, Superior Court case number 95-RCCV-616). Hooters hired a fax service that sent six unsolicited junk faxes to each of 1,321 fax numbers. In April of 2001, the court ordered Hooters to pay treble damages of $11,889,000.

I am sending you a copy of this letter by regular first class mail in case you refuse to accept the certified mail, return receipt requested version of this letter.

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