I have somebody that has junk-faxed me in Pennsylvania almost a dozen
times. I've heard over the years that I should be able to take the
creep to court and collect $500 per offense. How do I do this in
Pennsylvania?

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Clarification of Question by jblack-ga on 06 Jun 2004 01:22 PDT

I've found a similiar google answer that answers the majority of my
question. If possible, I'd like to rephrase the question to be these:

1. Does this FCC law pertain in Wilkes-Barre, PA

2. Are there lawyers that handle this sort of thing?

---

Clarification of Question by jblack-ga on 06 Jun 2004 01:25 PDT

Oh, the google answer I referred to above is at  Question ID: 246393

---

Clarification of Question by jblack-ga on 06 Jun 2004 16:10 PDT

I'm sorry. I linked the wrong question.

What I'm really trying to get at is "How do I actually do this?". I
don't know whether I'm supposed to go to small claims court, get a
lawyer, or do what.

At this point, would it be better if I canceled the question and asked it again?

---

Request for Question Clarification by pafalafa-ga on 06 Jun 2004 16:39 PDT

No need to re-post the question...I think your clarifications have
made things...well...clear!

What's not so clear is how to go about trying to collect on penalty
money for junk faxes.

It's fairly easy to file a complaint with both federal and state
authories (which you may want to consider doing).

But actually getting the penalty bucks is a different matter, and
depends on a lot of details.

Most important -- do you know where the faxes originated from?  A
phone number area code that corresponds to a locality would be a good
start; an actual mailing address would be even better.  As far as I
can tell, knowing where the fax came from has a lot to do with what
particular set of laws apply, and what steps you can and can't take. 
(For instance, very hard to do small claims on someone from out of
your jurisdiction).

Let us know what you know, and we'll see if we can help out.

pafalafa-ga

---

Clarification of Question by jblack-ga on 06 Jun 2004 18:57 PDT

Yes, I know where the junk faxes originate from. They originate from a
local bar restaurant called "The Arena Bar and Grill"

They have sent about a dozen faxes, ranging from "Bring your mother in
for Mother's day" to two page menus to "$2.00 happy hour"
advertisements.

The faxes come from an unplublished number, but on them they list both
the phone number and the address (For reference, the area code is
570):

970 - 8829
531 Scott Street
Wilkes-Barre, PA 18702

As a side note, I've never visted the arena. They have faxed me on the
following dates and times:

11/4/2003     3:00 am (2 pages)
11/17/2003   10:14 pm (1 page)
 1/16/2004    1:30 am (2 pages)
 2/03/2004    1:50 am (3 pages)
 2/09/2004    6:26 pm (1 page)
 2/18/2004    1:09 am (1 page)
 3/03/2004    1:54 pm (2 pages)
 3/11/2004   11:01 pm (2 pages)
 3/23/2004   12:05 am (1 page)
 4/22/2004    4:00 am (1 page)
 4/28/2004    4:00 am (2 pages)
 5/05/2004    4:50 pm (1 page)

I think they got my phone number from the chamber of commerce, because
I used to run a small at home business called "Inframix", to which
they addressed all of the faxes.

Dear jblack-ga;

Thank you for allowing me an opportunity to answer your interesting question.

In answer to your question about Federal law and it applicability to
Pennsylvania, the answer is YES. The Telephone Consumer Protection Act
(47 U.S.C. 227) clearly applies universally to all 50 US States. The
Telephone Consumer Protection Act (TCPA), bans using "any telephone
facsimile machine, computer, or other device to send an unsolicited
advertisement to a telephone facsimile machine." ? period.

TITLE 47, CHAPTER 5, SUBCHAPTER II, PART I  
Sec. 227. - Restrictions on use of telephone equipment 
http://www4.law.cornell.edu/uscode/47/227.html

As Sears Roebuck can attest the law has been successfully implemented
in at least one small claims case and the court order them to pay
damages:

SPAM LAW A MATTER OF FAX?
http://news.com.com/2100-1028-994076.html


HOWEVER?.On the other hand, this is not to say that you will have
great luck (or any luck for that matter) in small claims court in the
state of Pennsylvania. Citing the case ?Aronson v. Bright-Teeth Now,
57 Pa. D. & C. 4th 1 (Pa. Com. Pl. June 19, 2002)? it is noted that
the court failed to apply the Telephone Consumer Protection Act as
specifically intended to regulate junk faxes primarily because it held
that ?there is nothing in the legislative history that would justify
the regulation of unsolicited commercial e-mail.?. On appeal in May
2003, the Superior Court of Pennsylvania affirmed the decision.

Interestingly enough though, Pennsylvania has its own state law that
also regulates and prohibits certain unsolicited faxes:

PA STAT. ANN. TITLE 73 §2250.3.
http://www.paulruschmann.com/research/junk_fax/pennsylvania.pdf

Also available here:

PENNSYLVANIA STATUTES
TITLE 73. TRADE AND COMMERCE
CHAPTER 40A. UNSOLICITED TELECOMMUNICATION ADVERTISEMENT ACT
http://www.spamlaws.com/state/pa.html


Because of the unpredictable nature of small claims and lower courts
in Pennsylvania regarding these junk fax laws your best bet by far is
to seek legal counsel. Here are some attorneys that have successfully
handled these kinds of cases:

Ann M. Caldwell of Caldwell Law Office LLC (Caldwell and Associates)
of Philadelphia handles junk fax cases in Pennsylvania:

?I have handled a number of junkfax cases, including class actions. I
am located in Pennsylvania (Philadelphia area).  Below is my contact
information.  Please let me know if you need any additional
information.?
 
Ann M. Caldwell, Esq.
Caldwell Law Office LLC
141 Pelham Road, Suite 300
Philadelphia, PA  19119
voice: (215) 951-7040
fax: (215) 951-7039
acaldwell@classactlaw.com
CALDWELL AND ASSOCIATES
http://www.classactlaw.com/partners.html


Another Philadelphia attorney who specializes in this type of case if
Robert P Gasparro:

?As a general practice firm for the university community, we also
offer services in the following areas: Advance Medical Directives;
Adoptions; Contracts, Civil or Criminal Matters; Family Law Matters;
Immigration Certifications; JunkFAX; Landlord/Tenant; Name Change;
Power of Attorney; Skip Trace and Employee Background Checks; Real
Estate Settlements; Wills.?

Robert P. Gasparro
Law Office of Robert P. Gasparro
4100 Chester Ave. Ste.#1
P.O. Box 8321
Philadelphia PA 19101-8321
Ph: (215) 387-1100
FAX (215) 387-9471
Email: bob@gasparrolaw.com 
LAW OFFICES OF ROBERT P GASPARRO
http://members.aol.com/lawfolk/


Finally, here is a Pittsburgh attorney also handles junk fax cases,
but I didn?t find a web site for him (note: this particular attorney
was Counsel for the Plaintiff in the ?Aronson v. Bright-Teeth Now?
case mentioned above. You can infer from that whatever you like.)

Clayton S. Morrow
412-281-1250
claytonm@sgi.net  

All links above courtesy of JUNK FAX ATTORNEYS
http://www.junkfax.org/fax/basic_info/attorneys.htm


Alternatively, you may be able to cause your tormentor some grief of
his own by reporting him to the FCC:

?If you have received an unsolicited fax or received a fax from
someone who hasn?t received your prior express permission in writing,
you may file a complaint by completing the:

FCC?s on-line Consumer Complaint Form 
http://ftp.fcc.gov/cgb/complaints.html

or by calling the FCC?s Consumer Center at 1-888-CALL-FCC
(1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835- 5322) TTY. You
can also send a letter summarizing the complaint to:

Federal Communications Commission 
Consumer & Governmental Affairs Bureau 
Consumer Inquiries and Complaints Division 
445 12th Street, SW 
Washington, DC 20554?


UNWANTED FAXES: WHAT YOU CAN DO
http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html


Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that my research exceeds your expectations. If you have any questions
about my research please post a clarification request prior to rating
the answer. Otherwise, I welcome your rating and your final comments
and I look forward to working with you again in the near future. Thank
you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


INFORMATION SOURCES

CALDWELL AND ASSOCIATES
http://www.classactlaw.com/partners.html

JUNK FAX RULING MAY HELP ANTISPAM EFFORT
http://news.com.com/Junk+fax+ruling+may+help+antispam+effort/2100-1028_3-993749.html?tag=nl

UNWANTED FAXES: WHAT YOU CAN DO
http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html

FCC?S ON-LINE CONSUMER COMPLAINT FORM 
http://ftp.fcc.gov/cgb/complaints.html

JUNK FAX ATTORNEYS 
http://www.junkfax.org/fax/basic_info/attorneys.htm

TELEPHONE CONSUMER PROTECTION ACT - 47 U.S.C. 227
http://www4.law.cornell.edu/uscode/47/227.html

CALDWELL AND ASSOCIATES
http://www.classactlaw.com/partners.html

LAW OFFICES OF ROBERT P GASPARRO
http://members.aol.com/lawfolk/

PA STAT. ANN. TITLE 73 §2250.3.
http://www.paulruschmann.com/research/junk_fax/pennsylvania.pdf

PENNSYLVANIA STATUTES
TITLE 73. TRADE AND COMMERCE
CHAPTER 40A. UNSOLICITED TELECOMMUNICATION ADVERTISEMENT ACT
http://www.spamlaws.com/state/pa.html



SEARCH STRATEGY


SEARCH ENGINES USED:

Google ://www.google.com




SEARCH TERMS USED:

JUNK FAX

BROADCAST FAX

PENNSYLVANIA

LAW

TELEPHONE CONSUMER PROTECTION ACT

US CODE

SMALL CLAIMS

JUNK FAX ATTORNEYS

Good answer. Thank you.

Hello,

You should check out this answer:

http://answers.google.com/answers/main?cmd=threadview&id=237909

The answer you mentioned earlier relates only to those living in
England, however the answer I have just linked to describes an FCC
policy which applies to all Americans. Since this five-star answer
admirably responds to your question, I thought a free comment would be
more appropriate than an answer on my part.

You should find the following information helpful:

1. File a complaint with the Federal Communication Comission.
FILE A COMPLAINT WITH THE FCC

The Telephone Consumer Protection Act (TCPA) of 1991 was created in
response to consumer concerns about the growing number of unsolicited
telephone marketing calls to their homes and the increasing use of
automated and prerecorded messages. The FCC has rules to aid consumers
who wish to limit these uninvited calls. This act also covers
unsolicited faxes.

To see what this act covers and how to submit a compaint to the FCC,
see the website below:

http://www.fcc.gov./cgb/consumerfacts/tcpa.html

 
2. File a complaint with your states Attorney General:
www.attorneygeneral.gov

There is an additional website on junk faxes:
www.junkfaxes.org

I think you will find all the information you will need to help you
with this very annoying issue.

TBrookover

The Sears small claims case and the Aronson case, cited above, have
nothing to do with junk faxes. They relate to efforts to apply the
junk fax law to unsolicited commercial email (what is often called
spam email). These precedents do not relate to the use of the federal
statute for its intended purpose, regulating the transmission of
unsolicited advertisements to facsimile machines, and thus should not
be deemed to make "unpredictable" the application of that law as
Congress intended.

Much reference is made to the case filed in state court here in
Pittsburgh known as Aronson v Bright-Teeth Now, LLC.  That case
concerned email spam, not fax spam.
 
In the earlier case, Aronson v. Fax.com, Inc., also filed in state
court in Pittsburgh, the Pennsylvania Courts stated that Pennsylvania
will apply the federal TCPA to fax spam cases. Pennsylvania therefore
definitely allows recipients of fax spam to file suit for statutory
damages.
 
In the case against Bright-Teeth Now, LLC., the Plaintiff asserted
that his computer, computer modem and printer together constituted a
fax machine and he tried to get the Pennsylvania Courts to rule that
six emails sent to his computer which were received over the computer
telephone modem and printed on the computer printer was by definition,
a fax, and therefore prohibited by the federal TCPA. The trial court
and the Superior Court of Pennsylvania both ruled against otherwise.
That was the Aronson v Bright-Teeth Now, LLC, case.

In Pennsyvania, the TCPA does not pertainto email spam. It just
pertains to fax spam.
 
In the meantime, in December of 2002, Pennsylvania enacted a statute
that prohibits commercial email spam, and it appears that the federal
Can-Spam Act does not invalidate the Pennsylvania statute, so long as
the email spam  (1) fails to contain opt-out information,  or (2)has a
false message in the subject line,  or (3) sets forth the name of a
fake sender, so that a person replying to the incoming email would
receive a failure notice informing that the reply email could not be
delivered.
 
A violation of the Pennsylvania statute constitutes a violation of the
Pennsylvania consumer protection statute. The consumer protection
statute allows the claimant to seek three times the actual damages
sustained or $100.00 per violation, whichever amount is higher.
 
The lawyers who represented Aronson in the fax and in the email spam
cases are Clayton Morrow and Charles Morrow, of Pittsburgh,
412-281-1250 and Ann Caldwell of Bryn Mawr was their co-counsel on
several of his fax spam cases.
 
July 6, 2004

It should be mentioned that the Pennsylvania consumer protection
statute, in addition to allowing the claimant to seek statutory
damages defined as triple the actual damages or the sum of $100.00, 
whichever is greater, also allows the claimant to seek reimbursement
of his reasonable counsel fees, in addition,  and the Court has the
right to award  punitive damages in addition to the statutory damages
and in addition to counsel fees,  this as per a decision in the
Federal District Court sitting in Pittsburgh (see the opinion cited at
7 F Supp 2d 589, a 1998 decision). Many lawyers, therefore, should be
pleased to handle a unsolicited commercial email spam claim.

July 6, 2004

mbainpittsburgh-ga is NOT an attorney and neither of the two comments
that he posted above is legal advice. Persons contemplating filing
suit against junk fax spammers and email spammers should review their
options with a lawyer. mbainpittsburgh has filed suit against fax
spammers and email spammers and he always makes it a point to be
guided by his lawyers.

July 6, 2004

I am so sorry that you have recieved our faxes. I will immediately
remove your fax number from the list. Please respond