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Protus IP SolutionsAccording to statistics provided by our members, Protus is now the largest sender of junk faxes into the USA. They are located in Canada, but thanks to the amendment to the TCPA in the CAN-SPAM law, the TCPA was clarified to include out of country broadcasters as well:
Max Margulis is suing them on my behalf. They've admitted to sending hundreds of junk faxes in that suit. In addition, as I predicted 8 months ago (in December 2004), they now have sought protection of the OBRPA (see Business Records Protection Act, R.S.O. 1990, c. B.19), but this act is just a smokescreen. The way the law works is that if they don't comply with US discovery, they will lose the case. So the OBRPA is their problem. See page 14 of: http://www.ag.state.mn.us/consumer/PDF/GlaxoMotionCompel.pdf In addition, US courts have not granted the OBRPA high deference due in part to its lax enforcement. There are numerous cases of this. Finally, the OBRPA only applies to forced requests from a judicial authority, not to information supplied voluntarily by the business. So if they choose (on their own) to voluntarily supply the information to the US court, they are not in violation. Here are 24 recent faxes I got from Protus: When fax.com had too much business, they used Protus to send out their excess. Protus executives knew exactly what they were doing since they traveled to California to meet with fax.com. As a result of that personal contact, most of fax.com excess traffic was sent via Protus. Website: Protus IP Solutions If the removal number number recording sounds like this:
then it's highly likely you've been hit by Protus IP Solutions. If you have a lot of faxes, sort them into piles based on similar header styles. Do any of your piles have faxes with the headers in the following examples: Examples of typical headers used by Protus (primary style) Examples of typical headers used by Protus (secondary style) Notes on secondary style:
In a conflict situation, where the recording and headers don't give the same answer, the headers are the more reliable to tell the source of the fax. See actual Protus-sent faxes here: ProtusHeaders.pdf The following removal numbers have been verified by Sprint Canada as belonging to Protus (contact me for details if needed):
In addition, I gets lots of Protus faxes at my home and have verified these numbers as well are Protus removal numbers: 866-217-6435 US Mining Report Here are more details on the header format which is the most reliable way to tell where your fax came from. Since 2002, Protus has used 3 different header styles. Please refer to the following reference document: ProtusHeaders.pdf and note the following:
For the main header format note the following:
For the alternate header format style:
I've been hit by Protus IP Solutions! So now what are my options?If you choose to join the Yahoo group, we'll contact you with info on how to join the on-going litigation at no cost to you. Please see I've been faxed. What are my options? More information....Protus IP Solutions For serving them, if they accept service, you can do it anyway you want. But they refuse to comply with a subpoena unless you domesticate it via letters rogatory process which is complicated. For service of a summons/complaint, it's easiest to use International Registered Mail. See Judicial Assistance in Canada for details. I f you want to hire a process server, see: Another option for service of a complaint: They will do the service (in my cases a subpoena), if I send $50.00 (Canadian) and complete and send a form "USM 94" (which is available on the net or at the US Marshall's office), or at http://www.hcch.net/e/conventions/text14e.html. Mail the $50.00 w/completed form and the Orig/copy and 1 xtra copy to - Minister of Finance, Ontario Court of Justice, 393 Main Street, P.O. Box 1208, Haileybury, Ontario, Canada P0J1KQ...therefore, the company or person (s) have no excuse for not responding... They are violating Canadian law by not identifying themselves and their client on the fax (see the Junk fax Q&A question on this). Recent remove numbers (verified by comparing recordings) for Protus include: 866 261 5090 Officers Called him 8/25 to check on the status of subpoena I sent him. He's on vacation until 9/7. Richard Zelma reports the following (7/23/04):
1/25/05: I called Jocelyne Côté-O'Hara, Chairman of the Board, but she refused to speak to me and said I should talk to Protus's lawyers about a legal matter. I emailed Bryan Kerdman who is also on the board and he said he'd pass my email on to the board. Protus is currently being sued by: Max G. Margulis |
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