RICHARD HARTMAN spoke thusly to: DICK ROEBELT
[...]
RH>DR>RH>Another possibility would be to either ignore the intrusive
RH>DR>RH>FAX or to FAX back a polite "no thank you, take me off your
RH>DR>RH>list" note.
RH>DR>   Just got another unsolicited one.
RH>DR>   This has the following tripe printed on it:  "If you would
RH>DR>prefer not to receive any future faxes.....and we will be happy
RH>DR>to remove you from our list promptly....Please accept our
RH>DR>apologies if you have received an unwanted fax."
RH>DR>   Now please tell me why I am on their list in the first place?
RH>They think you'll bite the bait & they haven't read PL 102-243!
   For sure!
RH>DR>Since the line that my fax machine is on has only been installed
RH>DR>for less than 3 weeks and only 4 of my clients have that number;
RH>DR>I have to assume that these guys are either one of the several
RH>DR>who call every number in a given geographic area and when they
RH>DR>get a fax or computer tone, they make a note of it or they
RH>DR>purchase such data from those who do.  A very annoying practice!
RH>Yep!
   BTW, have you ever gotten a phone call or two that when you 
answered there was "no one" on the line?
   I have gotten quite a few over the past few months and that is very 
annoying when I am in the middle of a production run.
  I am wondering how pervasive it is on a nation-wide basis and I am 
beginning to suspect that there is some outfit that is marketing a 
plan to "gather" numbers that do not answer in a voice mode as the 
latest "get-rich-quick" scheme.
RH>DR>   Now I just finished reading PL 102-243 (47 USCA s.227).  It
RH>DR>CLEARLY states that sending an unsolicited fax is against the
RH>DR>law and I am entitled to damages ($500.00 minimum). In fact the
RH>DR>actual language reads: "to use any telephone facsimile machine,
RH>DR>computer, or other device to send an unsolicited advertisement
RH>DR>to a telephone facsimile machine; or..."
RH>Sounds like your about to get rich thru the courts.
   In actuality, the way to get "rich" is to NOT bring it to the 
courts.
   The way I have made a few "extra" bucks in the past was to have one 
of my attorneys write them a demand letter stating that unless they 
come to terms we will be more than happy to see them in court.  A 
settlement usually was forthcoming.  A heck of a lot cheaper than 
going to court.  And the morons who thought they "knew it all" found 
out just how expensive a court case can be when the judge awards 
"reasonable" atty. fees plus all that the law allows.
   In fact when the case is so straight-forward and the defendants 
failed to negotiate in good faith (what many judges _STRONGLY_ 
encourage) the awards to the plaintiff are usually fairly close to the 
maximum around these pats.
RH>DR>   So screw the "no thank you."  These clowns have violated the
RH>DR>law. Now all I have to do is dig up the two cases that were
RH>DR>heard by the courts and re-read them before I proceed getting my
RH>DR>due.
RH>If you have been "damaged" and the law is on your side, pursue.
RH>However, your case just went out the window when the defendant
RH>shows up with 164' of black thermal paper with your header on it.
   I am not that silly.  If I think I have a legitimate case I would 
not jeopardize it by exacting petty revenge.  I save that for the 
picayune offenders and the butt-heads who only understand that type of 
revenge.
RH>DR>RH>Everyone is a potential
RH>DR>RH>client/neighbor/friend/network-contact and spending time
RH>DR>RH>burning bridges rarely improves your position.
RH>DR>   These guys would not ever become a client.  A competitor,
RH>DR>maybe, a client, never!
RH>Whatever.
  Since they are selling I-net access with all the amenities they have 
no need of my company's services.
RH>DR>RH>Whereas a considerate mature response will be notice by those
RH>DR>RH>who see your response (ie. wife and children in the home),
RH>DR>RH>even if missed by the original intrusive FAXer.  Our everyday
RH>DR>RH>walk can be an opportunity to teach valuable lessons to our
RH>DR>RH>children.
RH>DR>   And what lesson does it teach the children to allow
RH>DR>lawbreakers to run free, thumb their noses at the law, and make
RH>DR>a profit while doing so?
RH>Patience.  Humility.  Consideration for others.  Perspective.  You
RH>see, the individuals who are sending you FAXes do not have the
RH>intent or motive of harming you, but of you purchasing their goods
RH>and them buying groceries for the kiddos with the profit.
   Two things I never do.  One is to make a purchase by those who 
solicit me at my place of business or at my home.  The second is I 
never do business with those who break/skirt the law to obtain my 
business.  There are so many hard-working and honest business folks in 
the world who do not "cut corners" for me to even consider the others.
RH> Maybe they haven't read PL 102-243. Maybe you could FAX *them* 
RH>a copy. Keep a file of those who have been 'informed' about the 
RH>law. Repeat offenders get to learn about "small claims court." 
RH>(ie. a legal and ethical route.) 
   They will learn the law the hard way!!!  Their education from me 
will be via the check writing process.
   I have a very close friend who just got sentenced to 51 months in 
federal prison because he worked in a tele-marketing operation (as a 
mere employee) that apparently violated the law.  I find it 
incomprehensible that business folks operate a particular business w/o 
carefully researching any and all applicable laws.
   While I do have some sympathy and some empathy, ignorance is 
absolutely no excuse!!!  Not only is that the genesis of the law, but 
it should be a prerequisite _PRIOR_ to engaging in any occupation.
RH>DR>   Some folks call the cops on lawbreakers.  Others dish it back
RH>DR>at them to show that they will not be victims.  Either way,
RH>DR>justice will be done.
RH>          Never take your own revenge, beloved, but leave
RH>        room for the wrath of God, for it is written,
RH>        "VENGENCE IS MINE, I WILL REPAY," says the Lord.
RH>                                  Romans 12:19
   That is fine for celestial matters.  Here on Earth one, sometimes, 
must live and operate by the laws of man and nature.
   Dick
   TheMerc@Juno.com
Which is more honest?  Professional wrestling or Congress?
* CMPQwk 1.42 84 *
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