Junk faxes

Steve M -move the dotcom to the end-

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Aug 21, 2002, 1:21:06 PM8/21/02

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Does anybody know of a law firm in Houston that is interested in
dealing with junk fax cases?

One, I have a friend with a small business that is getting flooded
with them.

Next, I got an unsolicited fax last month from "National Computer
Services" in Sugar Land, and I want to sue them. According to the
TCPA ("Telephone Consumer Protection Act of 1991"), it's worth $500 to
me, and possibly $1500 if they "willfully" violated the law.

http://www.junkfaxes.org/federal_law.htm

Anybody else with experience with this?

These newsgroups have very short retention times on my server, so
private replies are welcome.

Steven
despa...@houston.rr move the dotcom to the end-)

JerryMouse

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Aug 21, 2002, 5:35:30 PM8/21/02

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"Steve M -move the dotcom to the end-" <despa...@houston.rr> wrote in
message news:3d63cbd1.56692499@localhost...

>
> Does anybody know of a law firm in Houston that is interested in
> dealing with junk fax cases?
>
> One, I have a friend with a small business that is getting flooded
> with them.

Don't need a lawyer. (Can't get one anyway, the return is too small.) Hie
yourself to the Small Claims Court. Collect $500.

Federal Law specifically permits state Small Claims Court to handle these
things and assess a fine of $500 plus costs ($1500 under some conditions).

Easy money.

Steve M -move the dotcom to the end-

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Aug 21, 2002, 5:47:34 PM8/21/02

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On Wed, 21 Aug 2002 21:35:30 GMT, "JerryMouse" <nos...@bisusa.com>
wrote:

Yes, I have heard that. Has anybody actually done it in Houston?

Steven

Strong Eagle

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Aug 21, 2002, 6:05:14 PM8/21/02

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1) In Texas, small claims court is the Justice of the Peace Courts in the
Precinct in which you live.

2) If you use JP courts, then you can file under state law
http://www.capitol.state.tx.us/statutes/bc/bc0003500.html#bc033.35.47

or you can file under Federal laws

http://www.junkfaxes.org/47usc227.txt

If you are not going to use a lawyer, then you will need to familiarize
yourself with
a) rules of procedure for the JP courts - how to file a suit, what the form
needs to look like, what it needs to say
b) the law under which you are filing your suit
c) be able to prove conclusively who sent the fax and when it was sent
d) preparing your courtroom "offense"

You _can_ win... but I wouldn't call it "easy money".

More info on junk faxes

http://www.junkfaxes.org/

http://www.keytlaw.com/faxes/junkfaxlaw.htm

lexcat

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Aug 21, 2002, 7:45:17 PM8/21/02

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Robert Miller at 281-875-8200 won $14,000.00 for me against Carribean
Cruise Lines in 1998.

Steve M -move the dotcom to the end- wrote:

Nunya

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Aug 22, 2002, 1:09:30 AM8/22/02

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http://troubleshooter.com/data/columns/junkfaxes.htm
http://troubleshooter.com/data/columns/junkfaxergetsfined.htm

"Steve M -move the dotcom to the end-" <despa...@houston.rr> wrote in
message news:3d63cbd1.56692499@localhost...
>

Mr. Zhopa

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Aug 26, 2002, 10:52:45 AM8/26/02

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Just because you win in court if they don't show up, doesn't mean you get
the money. A judgment in Texas is about worthless unless you know how to
collect it.

--
Remember,, Big Brother is watching.
Little Brother is also watching.
He doesn't see as much, but goes
through Big Brother's stuff while he is away,
so he knows a lot too.

"Steve M -move the dotcom to the end-" <despa...@houston.rr> wrote in
message news:3d63cbd1.56692499@localhost...
>

lexcat

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Aug 26, 2002, 1:41:34 PM8/26/02

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A money judgment against a business in the State of Texas is far from
worthless. If a business does not pay the judgment, you have the
constable seize its assets and sell them at auction until the judgment
is satisfied. Money judgments against individuals with no real property
that is not homesteaded are worthless, since Texas has so many
exemptions from seizure.

Message has been deleted

lexcat

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Aug 26, 2002, 7:27:43 PM8/26/02

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When I sued Caribbean Cruise Lines, I was hoping they wouldn't pay me, I
was going to get myself a big boat!

Mr. Zhopa wrote:

> Unfortunatley many of the "businesses" that do junk faxes are run from a one
> bedroom apartment with one computer. But yes,, I should have specified...
> individual - usuall worthless. Business- can sometimes be profitable.

>
> --
> Remember,, Big Brother is watching.
> Little Brother is also watching.
> He doesn't see as much, but goes
> through Big Brother's stuff while he is away,
> so he knows a lot too.

> "lexcat" <nbo...@ev1.net> wrote in message news:3D6A68...@ev1.net...

Zen Cohen

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Aug 26, 2002, 9:10:11 PM8/26/02

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"lexcat" <nbo...@ev1.net> wrote in message news:3D6AB96F...@ev1.net...
> When I sued Caribbean Cruise Lines....

You were the guy? Good work!