TIRED OF RECEIVING
Unsolicited JUNK FAXES
FROM FAX
SPAMMERS?
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Cash Money??
If you believe that you have received an unsolicited junk fax, we would like to hear from
you. Contact us today by filling out the short form below and let us review your claim. You may be eligible for compensation under the law from $500 to $1500 per unsolicited fax.
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Getting PAID $500 - $1500
FOR EVERY
JUNK FAX YOU RECEIVE? |
Please Report Your Unwanted Junk Fax
Spam & Get Paid Cash For Every Unsolicited
Fax You Receive!
WE MAY BE ABLE
TO HELP YOU STOP JUNK FAXES
AND PAY YOU CASH IF WE FIND
YOUR SPAMMER!
Let's Stop The Fax Spammers In Their
Tracks!
To Report An Unsolicited Junk Fax
Please Fill Out The Form Below
THEN FAX US ALL
OF YOUR SPAM FAXES TO:
(754)
264-0166 AND GET PAID! |
We will investigate your fax spam report
at no charge to you and
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down your fax spammer right away.
If we track down your fax spammer, we?ll
contact you ASAP and help you collect CASH MONEY!
Get $500 -
$1500 FOR
EVERY JUNK FAX YOU RECEIVE!!!
How Steve Kirsch discovered fax.com
Here's where I am today...
As the author of one of the premiere websites on
junkfaxing, I'm extremely
familiar with the laws regarding junk faxes as well as the methods of operation
of fax broadcasters who are engaged in illegal faxing. I have also developed
skills and resources that allow me to identify faxes from certain, well known
sources. I have brought over 50 legal actions against junk faxers. I have never
lost a case, and I've obtained over $250,000 in judgments and settlements.
What happened to me and why I started junkfax.org
11/16/01 9:37am
I received an unsolicited offer via facsimile to repair my credit and
guaranteeing $7,500 in new credit from Bagoba Credit Offer in Chicago for only
$49. The first 25 people to respond will receive a free DirecTV DSS system.
Offer was transmitted to my main voice number (which rolls over to my fax number
if I'm not there and the voicemail system detects a fax tone). The top of FAX indicated it was sent
from 1-800-457-5410, a number I later determine (both through usenet search as
well as calling it myself) belongs to fax.com which turns out to be the most
notorious offender of the Telecommunications Consumer Protection Act of 1991 (TCPA).
11/16/01 10:04am
Received identical offer again. This time, it was sent to the main voice number
of my personal assistant.
12/28/01 10:12am
Received substantially the same offer as a month ago, although this time, the
price was raised to $99 (it said "Normally $299; Now only $99) and the name of the company was changed to
Tower Group,
and the location of the company was changed to Dallas, TX. Same free DSS offer
and same $7,500 guarantee, and same reference to Millennium Credit Program. This
is obviously a scam to sell a worthless program which explains why the company
keeps changing its name and location. As before, there is no contact information
that allows you to talk to a live human, nor ascertain the identity of who is
sending the faxes. (Note: the dcx file of
Tower Group faxes is 4 pages long so be sure you look at all 4 pages!).
12/28/01 10:34am
I received the same offer as 30 minutes ago, although this time it was to my
assistant's voicemail number.
1/5/02 2pm
I decide to take a closer look at other faxes and lookup who each 800 number
belongs to. I do a google groups search and find this revealing posting REPOST Re Fax info.
Now things are starting to make sense to me.
I later determine that there are a variety of 800 removal numbers printed on
the fax, but that five of
them are all owned by the same company: fax.com! 22 faxes and 5 different removal
numbers over the past 4 months just to me! What's even more irritating is that
there is absolutely no way for most normal people to figure out who sent the fax
or who owns the 800 number since phone companies do not disclose this
information for privacy reasons and if you dial the fax.com removal number, they do not identify
the company. There is also no "station ID" used by the sender's fax
machine. However by using my investigative
tools (especially the Abika service that will tell you their phone number
and address), I'm able to confirm that
all these 800 numbers listed on these faxes do in fact point to the same place,
namely fax.com. I've discovered only 10 popular fax.com removal numbers but they have 23 toll free numbers so
these are only 1/2 of the numbers they use.
I now spend time looking up the business address of each fax with a fax.com
removal number. With a bit of detective work using the Internet, I'm able to get
contact info for virtually all of the companies that used fax.com to send me
unsolicited faxes that I saved. I then compile
profiles of all these companies, including their contact information, and
judgments against them, on a single web page for easy Internet identification.
1/11/02 10am
I get the Tower Group offer again. 2 copies. Traced these calls to Robert
Battaglia. This is the name of someone who works for fax.com and he
registered the phones used by fax.com in his name. His name is used to register the fax phones used by
fax.com. See the fax.com
page for more info.
5/12/02 and 5/13/02
My company is war dialed from San Jose: 408-937-6725; 408-937-6771;
408-937-6459. Everyone at work is left a fax tone on their voicemail. With a lot
of detective work, I trace it to a fax.com faxcaster computer placed in the home
of a fax.com advertiser. For more
details on this war dialer location, see fax.com.
I had it shut down.
The evidence (from the last 4 months)
See my Evidence page for a list of faxes received
The violations
-
They sent me unsolicited faxes
-
They didn't remove me when I asked , even after I got a confirming e-mail
from them saying I was removed (I got 3 faxes a few days later). I don't
think they remove anyone; they probably just use a different 800 removal
number to make it look like I popped up on a new list. However, this just
means by not removing people, they are racking up their
"unsolicited" points.
-
Their fax headers don't comply with the law because they don't identify
the name and phone of the sender (i.e., their client) in the top or bottom
margin. I can't do anything about this (because as written, I can only sue
under subsection (b) and the tech restrictions aren't in this subsection),
but under 47
U.S.C. § 227(f)(1) the California state Attorney General can sue
fax.com for both technical violations and unsolicited faxes, and enjoin them
from making any more calls into California and also get treble damages as
well.
These faxes were unsolicited because (1) I never give
out my main voice number to use as a FAX, (2) My assistant never gives out her
voice number to use as a FAX, (3) No one in our household has any need of credit
repair, (4) no one has a prior business relationship with either Bagoba or Tower
Group. In fact, there is no known way to speak with these businesses even if we
wanted to establish a relationship. I've never had a credit problem and the
offer transmitted to me indicates a complete lack of any knowledge of me. Anyone
with only a passing knowledge of our household knows that we would never be
interested in such an offer and would certainly never offer my express
permission to receive such information.
We'd never give out our voice numbers to be used by FAX machines since these
numbers are all normally answered by humans (except at night or when we are out
of the house when a voice answering machine comes on that play a voice message
but can automatically transfer to our fax machine). It would be quite
obnoxious to be answering the phone and hearing a FAX tone. That is why we have
and always use a dedicated FAX number; a FAX number which apparently never made
it into the fax.com database. Indeed, fax.com seems to have all our voice
numbers, but not our dedicated fax number. Therefore, the only way for fax.com to have gotten
those phone numbers is
using a computerized dialer known as a "war dialer" (since any human
dialer would have recognized that these were normally voice lines). They have
been known for doing this and were in
fact cited for exactly this offense
by Washington state.
Nor would we ever intentionally enter our voice numbers into the fax.com
database. None of us had ever heard of fax.com until we found the association on
an Internet search after the FAXes were received. And we clearly don't need the
money from 4 unsolicited FAXes (any of the excess damage amount we recover goes
to the lawyers and to a non-profit to fight spam); we in fact will probably lose
money in bringing this case because our legal expense alone will be more than we
are likely to recover. So there is absolutely no incentive for us to have
done this deliberately. And it would be impossible for us to deliberately create
a business relationship with an entity (Tower Group) that I would have had no
way to know existed (in fact, it's impossible to find them even today, after
their promotion went out).
Now that's with just the 4 faxes from Bagoba/Tower. How is it possible that
virtually all the unsolicited faxes I get are from fax.com? That 11 different
companies have faxed me and they all use fax.com? That I've never heard of these
companies before. That some of them didn't even exist a few months ago? That all
of them are faxing to my voice numbers instead of my fax number (I transfer the
call to my fax machine if I pick up and hear a fax tone).
And why does fax.com have at least 23 different removal numbers? Why not just
one if they have nothing to hide? And why does the removal number change when
the client sends a new fax? For example, Wall Street Examiner sent me a fax with
a 800-443-7628 removal number, but the removal number listed on the fax
that junkfax.com received just 60 days earlier is 800-766-0816? Both numbers
still work.
And why don't fax.com machines identify themselves
(SenderID field during the
handshake)? Why doesn't fax.com identify itself anywhere on the fax, or at any
place when you call the removal number? That's just a bit too hard to
believe.
Lastly, if they truly had a business relationship with me, then why did they
just send me 3 copies of the same Y2Marketing promotion all within 1 hour just
now (Jan 6, 2002). If they have a business relationship with me, then how do
they explain not knowing that all three numbers go to the same fax machine in my
office? Do they send 3 copies of the same promotion within an hour to all the
people they have business relationships with? If so, we'll find out when we subpoena
the records from the phone company that they use.
Furthermore, the fax.com website blatantly
brags about their database: "Fax.com has identified over 30
million untouched fax numbers." They offer to send FAXes to their database
or yours. That's blatantly illegal to make such an offer. See excerpts
from their website for more on this illegal practice. Lastly, they have been
cited in Usenet postings as being the most notorious abuser of the TCPA.
Unsolicited FAXes are illegal under the 47
U.S.C. § 227(b)(1)(C). Because fax.com has been officially
cited by the FCC, treble damages of $1,500 per FAX apply under 47
U.S.C. § 227(b)(3). They continue to this day to violate 47
U.S.C. § 227(d)(1)(B) as well since the business name and voice
The FCC has ruled
that the FAX header must contain contact information for the business
advertising the service. This was not complied with here.
Lastly, offers to fix credit are illegal because these credit fix schemes
often suggest that the recipient commit a felony in order to "restore"
their credit. for example, see
Building A Better Credit Record
Credit Repair Scams
Why I'm bringing suit
I have one goal and one goal only: I want this practice stopped. I'm
tired of the fax calls waking us up. I'm tired of saying "hello" to a
fax tone. I'm doing this for me and for everyone else. Clearly, despite six
separate citations by the FCC in the past twelve months (they've been cited
more than any other company, at an average rate of one citation a month in the
first half of 2001; see About the principal offenders
for more info on fax.com) and a
settlement agreement with Washington state, fax.com continues to send facsimiles to
numbers belonging to those individuals where there is no previous business
relationship with their client. I want this practice to end. Not just for
fax.com,
but everyone engaging in this practice. And I'm willing to (and can afford to) spend
whatever it takes to make sure this happens. I want the law enforced.
I have no monetary motivation to bring this suit. In fact, I'll probably lose
money because any settlement will likely go to a charitable foundation to:
From a legal viewpoint, our case is completely air tight (even though there
are judges here and there who misinterpret the law). There is no escape. Every possible defense has been tried and
failed (it's just a matter of time before a California court sees through the
current "opt out" defense). That is why Hooters was slapped with a
$12M damage award, and why the Dallas Cowboys recently settled (see my junk fax news
page for details). I've detailed
all the possible legal defenses and explain why they will fail.
So Fax.com will lose. They will be put out of business permanently.
Plus, all
their clients will be forced to pay up to the maximum restitution as provided by
law and/or declare bankruptcy. If this doesn't dry up the supply and demand for
this illegal practice, I will continue to file lawsuits against these companies
and their clients until it does. Hopefully, this $500B class action lawsuit
alone will
get people's attention and the practice will stop. I have no interest in
spending my time filing lawsuits, but if that's what it takes, so be it. The
first judgement we win will fund future lawsuits so that the junk faxers will be
financing their own demise.
The reason for the $500B is that fax.com sends out 3 to 4 million faxes a
day. They've been in business at least 3 years. Do the math. It's more than
$500B per year. My guess is that the actual statutory remedy is many
times that amount.
In my case, I receive about 1 fax every 2 days from fax.com at my home.
In short, fax.com sends out 1,000 linear feet of faxes per day. That's
further than most of us can hit a golf ball. It's 6,000 reams of paper or
$60,000 per day in paper expenses alone for the recipients. We estimate
that when you add up everything, it's over $100M in expenses that are pushed off
to the recipients (about 10 cents per page).
Wish me luck. In the meantime, here are four things you can do to stop the
practice of unsolicited faxes:
-
If you get an unsolicited FAX, save it. It could be worth $1,500. Here's
How to get up to $1,500 per junk fax
-
If you get an unsolicited FAX, do not respond to the offer. Responding
will just encourage the business (which is typically unscrupulous) to keep
doing it.
-
Call the voice response number for responding to the offer and notify them
that they are violating federal law.
-
If you find out who they are and/or who they used to send the unsolicited
fax, let me know by using my form to Report a junk fax.
We'll prosecute the cases with the greatest number of complaints first.
-
Don't call the removal number. There are many true stories of people who call
the removal number only to be added to 10 more lists each time they call.
Update
I filed a $2.2 trillion dollar class action lawsuit against
fax.com. On
December 16, 2003 I was featured in the front page of the business section of the NY
Times. My day job is CEO of Propel Software, which is going to release an
incredible e-mail spam filtering program in 2004. Prior to that I was CEO of
Internet search engine Infoseek.
FAX US ALL Your
Junk
FAXES NOW TO OUR FAX NUMBER BELOW:
(754)
264-0166 AND
GET PAID IF
WE TRACK
YOUR FAX SPAMMER DOWN!
Background
Information About Junk Spam Faxes.
The TCPA and Federal Communications
Commission (FCC) rules generally prohibit most
unsolicited junk facsimile (fax spam)
advertisements. The TCPA states that an
advertiser cannot send you unsolicited fax
advertisements unless you have given the
advertiser your prior express consent to receive
fax advertisements or you have an established
business relationship (EBR). Even if the
advertiser has received your prior express
consent or has EBR, they are also required to
allow you to ?opt out? of receiving their
junk fax advertisements. The Junk Fax Prevention
Act of 2005, directed the FCC to amend its rules
adopted pursuant to the TCPA regarding fax
advertising. The FCC?s revised rules:
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Require the
sender of fax advertisements to provide
specific information on the fax that
allows recipients to ?opt-out? of any
future faxes from the sender
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Specify the circumstances under
which a request to ?opt-out? complies
with the Act.
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