Journal phillymjs's Journal: My Victory over a Junk Faxer 6
The Short Version
I fought back against a junk faxer and reached an out-of-court settlement in the neighborhood of $12,000, half of which went in my pocket. If you'd like some more detail, read on.
January - December, 2003
Through the course of the year I get about one junk fax per month, advertising services I don't need, from a company I never heard of. I don't know where or how they got my fax number, because I certainly didn't give it to them. This annoys me, and I know it's a violation of the Telephone Consumer Protection Act of 1991. I hang on to the faxes, since I may later decide to pursue the matter. I read of other people's victories suing junk faxers in small claims court. Toward the end of the year, with a decent pile of junk faxes, I start to seriously consider taking the TCPA for a spin, for fun and profit.
First week of January, 2004
After reading up still more on the TCPA and deciding I have a fairly airtight case, I find and contact a local attorney who handles junk fax cases. After brief consultation, I decide to pursue the matter. The case is taken on contingency, and I agree to a 50-50 split (after costs) of any recovery.
January 8, 2004
I formally retain the attorney, who begins to draft the lawsuit against the owner of the domain referenced in URLs on the junk faxes. I send her copies of the twelve junk faxes I received from them, and the signed retainer letter.
January 13, 2004
I receive a draft copy of the lawsuit and verify all the facts within it as correct. I sign a document to that effect and send it off in the mail.
January 15, 2004
I receive a copy of the demand letter going to the defendant. I've got more than ten faxes, each worth $1,500 in damages. The standard damages amount per fax is $500, but the TCPA allows for treble damages if the junk faxing is willfully done. Since the defendant repeatedly faxed me over the period of a year, that meets the "willful" criterion. That means almost $20,000 in potential damages, should the case go to court. The defendant is given until close of business on January 30 to settle out of court for 75% of the amount for which they are liable. They receive copies of all the faxes, and a copy of the unfiled lawsuit.
January 22, 2004
I receive a call from my attorney, who has heard from a staff attorney of the defendant. He wants proof that I own the phone number to which the junk faxes were sent. I fax my attorney pages from my phone bill showing my address and fax number, and she forwards them on to the other side. I don't ask my attorney what she thinks, but I regard the defendant's sniffing for a loophole in the case as a good sign that they realize they're nailed. The TCPA is a pretty straightforward law.
January 29, 2004
I receive a call from my attorney, who reports that the defendant is offering $10,000 to settle. Before I can say anything through my smile, she suggests a counteroffer that effectively splits the difference between what we demanded and what they have offered so far. I agree.
January 30, 2004
Just before 4PM, I receive the phone call I've been waiting for all day: the defendant has agreed to our compromise, which means about $6,000 of free money in my bank account.
February 4, 2004
The draft settlement agreement is ready. The defendant has tacked on a very restrictive confidentiality clause which bars me from telling anyone about the suit or the agreement. Unacceptable. I counter with an offer that both parties agree to not reveal each other's identity, any clues to the other's identity, and/or the total amount of the settlement (which is why I haven't named them or been specific about the monetary amounts involved in this tale).
February 5, 2004
My attorney drafts a revised confidentiality clause and sends it off to the defendant's attorney, after I approve her revisions.
February 11, 2004
I receive word that the defendant has signed off on the revised settlement agreement. I receive the final copy, review it, sign two copies of it, and send it off to my attorney, who will relay them to the defendant for the additional necessary signatures. The check is not far away now!
February 20, 2004
My attorney notifies me that she has received the check. After just under $20 in postage and photocopy expenses, we split about $12,000.
February 25, 2004
I receive and deposit The Check. All that's left to do now is to wait for Apple to announce the updated Power Mac G5s!
June 9, 2004
Apple announces the new Power Macs. I spec out a dual 2.5GHz machine with all the bells & whistles, and place my order.
August 10, 2004
Obsessively checking the order status finally pays off... my G5 has shipped from China!
August 13, 2004
FedEx has delivered my new toy. Thank you, junk faxer!
Wow, awesome (Score:1)
What exactly defines a junk fax? Is it safe to assume that companies are warfaxing for potential customers?
$6,000 is a tremendous amount of free money, and I'll bet that your lawyer is quite pleased as well. Any chance that you could release censored copies of the legal documents, so that others might benefit?
Take care,
-Rob terpmotors.com
Re:Wow, awesome (Score:3, Informative)
Basically, any unsolicited fax that contains an advertisement for a product or service.
Is it safe to assume that companies are warfaxing for potential customers?
Yup, some. The company that faxed me apparently purchased my number from Fax.com, who could only have obtained my fax number by wardialing.
They were dumb, however, and not only left their correct transmitting station ID on the fax (most junk faxers change this to the recipent's fax number or just leave it blank
That's awesome. (Score:2)
Re:Very cool (Score:1)
Re:Very cool (Score:2)
I had undeniable proof, so pretty much any of the lawyers there could have handled the case-- it was a virtual slam-dunk. YMMV.
~Philly