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To: Susan who wrote (21285)	11/18/2001 5:07:54 PM
From: mr.mark	Read Replies (1) \| Respond to of 62547

perhaps christopher will tell us how to teach a pig to sing...

To: Susan who wrote (21285)	11/18/2001 5:30:59 PM
From: The Philosopher	Read Replies (1) \| Respond to of 62547

Actually, not true. First, you can sue them right in your own jurisdiction. In my state, and probably in most, you have specific jurisdiction because they chose to send the fax physically into your office, thereby submitting themselves to jurisdiction for damages which arise directly from their violation of law. Second, the federal statute specifically allows you to sue in state court. Small claims court is a no brainer in most states. And the offense is a slam dunk -- you show the court the fax, and it is proof of violation of the statute. I get judgments, and then send them to a collection agency in the home town of the offender. Many small claims courts allow you to serve by certified mail, so you don't even have to go to the expense of finding and hiring a process server. I have collected thousands of dollars this way over the past year or two with essentially no work. The only problem sometimes is getting the address of the faxer. Sometimes you have to call their 800 number and weasel it out of them. But once you have the address, it's a no brainer. I don't have the exact federal statutory cite here, it's at the office, but if somebody posts to me on this thread Monday, so I get the message there instead of here, I'll send the cite. And your state may have a similar statute. Some do. Washington does, for example. So I claim double damages, under each statute, and get them. Some of the fax people are under the impression that there is a "one bite" rule, or that you have to tell them to put you on a "do not fax" list before you can claim damages. Wrong. The first time is an offense. I had one lawyer for a company claim that they got one bite. She was right under California law, where she was, but not under federal or Washington law. She wasn't aware of either of these laws. Once I gave her the cite, she folded and paid. (I always write the company first offering to settle for a few hundred dollars rather than taking them to court. About half pay up. The other half don't, and I have gotten a judgement in every single case I've taken to court.) It has two benefits. One, it's easy money. Two, it's the best way to guarantee that they will never bother your fax machine again!