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Joe Giardella junk fax story... can't get rid of them

E-mail sent to JunkFAX-L list on May 3, 2002

I moved into my new house in summer 2000. The new phone number I got was a
fax number for a home-based business 1 or 2 years prior. It is the only
phone line in my house. I have a fax machine which is used occasionally for
personal use, configured for manual receive. I originally figured I would
just receive the fax, respond with a remove request, and eventually they
would stop. I figured that the old business had a handful of companies who
faxed him and that eventually I would get and respond to them all. I have
promptly responded with a remove request to every one I have gotten. Stupid
me.

Now I can see that my number is in God-knows-how-many fax number databases,
and that it just keeps getting re-sold to more and more companies. Every
junk fax is from a different company. There were only two times when I got
a second fax from the same company. The first repeat offender was emailed a
threat citing the federal TCPA code. The second one happened before I
responded to the first. And every time I hit the receive button on the
machine, I risk answering a war-dialer. (I assume that when a war-dialer
calls, it sounds just like an incoming fax. Is this true?) It is a vicious
cycle. I called the phone company (Verizon) to change numbers, but they
said that in the two years I have had service here, they are now down to a
45 day turnaround for re-using old phone numbers. I could be given another
ex-residential phone number again and hope it was not used for faxes. It
would be a number that is still in the current phone book under its old
owners name, and I would undoubtedly get lots of calls from the old owners
friends etc...

I am about to have my number changed despite of it all, maybe I can ask the
phone co. to give me a number that was unlisted.
I live in NY state where there is a state opt-out for telemarketing. I wish
there was an opt-out for junk faxes.
I feel defeated by it all.

Follow-up post

Well, I got my number changed. I was given a previously non-published
residential number (my old one was, too) that was out of service since
August 2001.
Hopefully this will put an end to it. Chances are that this new number was
not used for faxing. My wife and I will not hit the receive button unless
we are expecting a fax at that moment.
I wish I had the time and energy to chase after the $500 for every junk fax
I have ever received in the past. I actually saved them all. I sure could
use the money. In case I ever feel like it, what is the statute of
limitations for filing?
One more thing, as an FYI about telemarketing calls. When we moved, I made
a very specific point of not putting my new phone number on ANY paperwork
associated with the closing, realtor or anything else. When we contacted
all of our credit cards, lenders etc. with our new address, if anybody
absolutely had to have a phone number, it was my work number. Very few
claimed that they absolutely needed it. This was prior to the NY state DNC.
We do not receive any TM calls. Maybe we got a small handful, but at least
I feel like I was the victor in that regard.

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:

		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
		Specify the circumstances under which a request to ?opt-out? complies with the Act.