Feeds

Bulk fax outfit sued for $2.2 trillion in junk fax claim

Silly money fine sought for stupid, unwanted messages

  • alert
  • submit to reddit

Top 5 reasons to deploy VMware with Tegile

A California businessman has launched a class action lawsuit against fax outfit Fax.com claiming truly gobs smacking damages of $2.2 trillion.

In suits filed yesterday, Steve Kirsch is seeking $500 damages for each unsolicited fax Fax.com has sent out over the last four years. He's relying on US federal laws passed in 1991, which banned sending out unsolicited commercial faxes. This law was upheld in 1995 by the US Court of Appeals in San Francisco which ruled that the law protected consumers and did not restrict rights to free expression.

If judges decide that the suit merits national class action status, then Fax.com faces paying for each of the 3 million faxes it sends each day. That comes to a cool £2.2 trillion, even without invoking a section of the law that allows penalties to be tripled for flagrant breaches of the law. Of course, the chances of such colossal fines been imposed are zero, but Kirsch's action does highlight consumer dissatisfaction over junk faxes and might (possibly) act as a determent.

Kirsch began his legal action after receiving more than 100 unwanted faxes at his San Jose home over the last few months, and many more at his business, which originated from Fax.com computers, the San Francisco Chronicle reports.

Fax.com is yet to respond to the lawsuit but in the past it has argued that junk faxes are legal, at least in California, providing recipients are given a chance to take their number off lists (through toll free numbers included on unsolicited faxes). Attempts to overturn this California law failed in June when members of the State assembly committee abstained from voting, after lobbying led by Fax.com. Opponents of junk faxing have vowed to try again to get California laws changed later this month.

Kirsch's suit comes two weeks after the Fax.com was fined nearly $5.4 million by federal regulators, for violation of the 1991 federal law after ignoring repeated warnings about its behaviour, the Chronicle reports. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
Bladerunner sequel might actually be good. Harrison Ford is in it
Go ahead, you're all clear, kid... Sorry, wrong film
Musicians sue UK.gov over 'zero pay' copyright fix
Everyone else in Europe compensates us - why can't you?
I'll be back (and forward): Hollywood's time travel tribulations
Quick, call the Time Cops to sort out this paradox!
Euro Parliament VOTES to BREAK UP GOOGLE. Er, OK then
It CANNA do it, captain.They DON'T have the POWER!
Megaupload overlord Kim Dotcom: The US HAS RADICALISED ME!
Now my lawyers have bailed 'cos I'm 'OFFICIALLY' BROKE
Forget Hillary, HP's ex CARLY FIORINA 'wants to be next US Prez'
Former CEO has political ambitions again, according to Washington DC sources
prev story

Whitepapers

Designing and building an open ITOA architecture
Learn about a new IT data taxonomy defined by the four data sources of IT visibility: wire, machine, agent, and synthetic data sets.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
10 threats to successful enterprise endpoint backup
10 threats to a successful backup including issues with BYOD, slow backups and ineffective security.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
10 ways wire data helps conquer IT complexity
IT teams can automatically detect problems across the IT environment, spot data theft, select unique pieces of transaction payloads to send to a data source, and more.