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fax.com 

They used to be the world's #1 fax broadcaster of junk faxes. They sent over half the junk faxes in America; they sent more faxes than their next two closest competitors combined; about 1 to 2M a day.

As of Oct. 5, they are permanently kaput, thanks to the tireless efforts of California Deputy Attorney General Judith Fiorentini:

Here's the judgment against fax.com for $253M entered on November 9, 2006.

Faxes sent around Dec 04 appear were sent using the fax.com database which Doug Kaplan (a former client of fax.com) illegally obtained

Response: 800-634-5106 floridareservation.net which tries to sell you AmeriHost and Ramada Plaza packages for $99/per person (Florida Reservations, ST-32566)
Removal: 800-910-6919 "Welcome to the toll free fax number removal service. To have you fax number removed...."

Do your fax headers have "<- yourfaxnumber ->" in them?

Was your fax received prior to October 5, 2004?

Is the removal number one of these numbers (this is the complete list of removal numbers used by fax.com obtained from former fax.com employees):

800-261-8876 800-274-4978 800-331-3622 800-331-4510 800-358-2921 800-364-0216 800-364-0247 800-381-3945 800-390-0761 800-390-0984 800-390-1403 800-440-3436 800-443-5716 800-443-7562 800-443-7628 800-457-5410 800-658-8132 800-658-8133 800-658-8134 800-658-8135 800-658-8136 800-658-8137 800-658-8138 800-658-8139 800-658-8140 800-658-8141 800-663-8758 800-766-0816 800-785-6698 800-785-8505 800-822-9033 800-965-7235 800-976-3734 800-992-5329 877-276-1974 888-345-1858 888-645-9527 888-645-9528

In fact, I verified this via subpoena to XO for fax.com's removal numbers in which every single number that XO serviced for fax.com was in fact included in this list.  

If you answered all questions "yes", then it's 99% likely your junk fax was sent by fax.com.

You can also check out the fax.com response numbers (this is not a complete list).

fax.com is out of business, but according to fax.com insiders involved in the transmissions, over 95% of fax.com's traffic was sent by Global Communications Consulting Corporation.

On July 5, 2004, they changed their name (once again) to:

Access Sales Inc.
65 Enterprise, Suite E235
Aliso Viejo. CA 92656-2601
949-330-7040
Old URL: www.accesssalesinc.com

They may all look completely different, but if you get a junk fax, chances are >50% that it came from one company: fax.com. Pump and dump stock offers, vacation getaways, mortgage lending, Disney vacation getaways, medical insurance are the most common.  QBEasy, financialsanity.com, reachwealth.com, herbalife faxes, Corporate Travel, etc.... they are all fax.com.

They have a database of over 10 million fax numbers in the United States and there are estimates that they send over 2 million faxes in a single day. They charge between .05 and .02 per fax, and their marginal costs are now zero because they get a flat rate deal (it was between .005 and .01 per fax). That means their profit (after all expenses) is over $2M dollars a month. That is why they do it. That's why you are getting all the junk. Because even with all the lawsuits, they still make a ton of money. TONS!!!

Stacked in a pile, the 500 million junk faxes per year they send would be over 25 miles high.

Identifying characteristics: How to tell if fax.com sent your faxes

See How to identify the fax broadcaster

If is fax.com keep reading, otherwise, go to the indicated page by clicking the hyperlink in the Broadcaster column. 

Here are 9 fax.com faxes: VerifiedSamplesJul04.

Here are 31 additional verified fax.com faxes: FDCfaxes.PDF. If any of these faxes is familiar to you, then you are on fax.com's "call list" and you should expect to receive more faxes from them.

View these on- line (because some printers will cut off the headers) at while reading the material below . Note that the scanner may have cut off the headers on some, and on others, the phone numbers have been redacted by us.

Sometimes, your removal number might be disconnected. If you see a removal number of:

  • 800-274-4978
  • 800-390-0761
  • 800-390-0984
  • 800-390-1403
  • 800-658-8133
  • 800-658-8134
  • 800-658-8135
  • 800-658-8136
  • 800-658-8137
  • 800-658-8138
  • 800-658-8139
  • 800-658-8140
  • 800-658-8141

there's 99% chance it's from fax.com since we can show by subpoena to XO that these numbers were subscribed to by a fax.com entity (Data Research Systems, Inc.). But anyone can add these numbers to their faxes so it's still not definitive. If you have old fax.com faxes, then check out this list:

  • fax.com removal numbers sorted by number per the FCC. All of these numbers were determined by the FCC as belonging to fax.com at the time of the citation (2002). The advertiser information was determined through research by the FCC. In many cases, the advertisers admitted they used fax.com. Fax.com provided no information whatsoever to the FCC on the removal numbers they use or the advertisers that employ them.

If they answer as:

  • California Mortgage Services
  • Mortgage Services
  • Debt Services
  • The Award Center
  • Consumer Source
  • Bridge21 training
  • Quickbooks training

you've probably got the fax.com call center (no matter what their denials are).

If you see a response number of:

  • 800-281-1762 "Debt Services"
  • 800-670-6036 
  • 800-697-0996 "Mortgage Services"
  • 800-709-0757 "Quickbooks Training"
  • 800-709-0768 "California Mortgage Services"

which answer as one of the call centers above, then there's 99% chance it's from fax.com since another broadcaster usually isn't going to promote a fax.com call center.

However, a response number that answers as "Consumer Source" is associated with Linkpoint Marketing. 

The fax sender can be reliably identified by the removal number and the headers. The response number is usually consistent, but with Consumer Source, this is not  the case. 

If you see a header similar to:

7/10/2004  6:37:54 PM       <- 1 555 222-1234 ->           Page 1

there's a 99% chance it's from fax.com. The phone number is your phone number (the 555 number is just a placeholder). That is the equivalent of writing "this fax was sent to you by fax.com." Again, headers can be forged and about 1% of the faxes sent have forged headers.

Recent fax.com faxes have carried the following advertising language (so if you see this, it's further confirmation):

  • Attention: Business Owners & Individuals Health Care for the Entire Family (8-9-04)
  • OTC Info Wire (8-23-04)
  • Wall Street Money Report (8-11-04)
  • Wall Street Trading Topics (8-11-04)
  • Vacation blowout! 3 vacations for the price of 1 (8-10-04)
  • Enjoy a new home... (8-4-04)
  • Stop Procrastinating! Purchase or Refinance now (7-26-04, 7-29-04)
  • Wall Street Trading Topics (7-24-04)
  • Check this out! D- ECONOMIC NEWS CUT YOUR PAYOFF TIME IN HALF! (7-23-04)
  • You'll find that this is the LOWEST Mortgage Rate Available Today!
  • Convert your Equity To CASH FAST!
  • Lowest Mortgage Rates Available Today
  • Wall Street News Bulletin
  • Make Money By Learning QuickBooks
  • ARE YOU FRUSTRATED...Keeping Track of your business or personal accounts?
  • LOWEST RATES IN 45 YEARS!
  • Save Money NOW...While Rates Are Still Low!
  • Start 2004 Off Fresh! Pay Off All Your Bills
  • Save Money... We Still Have Last Months Rates Available!
  • We Still Have Last Month's Rates!
  • California Company Refinancing California Homes
  • Mortgage World News RATES PLUNGING!
  • Attention Homesowners: If Your Looking To...
  • Facsimile Cover sheet: Mortgage Services
  • Summer Rates Are Rising!

Statistically speaking, if both the removal and headers match the pattern, you have well more than the required "preponderance of the evidence" that it was fax.com. Note that anyone that may be spoofing the "fax.com look" doesn't have anywhere the total volume per day that fax.com has (because they don't have the sales force and the the volume) and thus wouldn't have been likely to have reached your phone number, i.e., close to 99% of the faxes with one or more of these characteristics are fax.com; none of the major vendors is deceptive; they each have their own style so that they can tell it is their fax if challenged in court.

If you want to have even more certainty you can add additional tests:

  • the fax content matches a faxes received at a fax.com "spam trap" location (numbers that receive only fax.com faxes), e.g., these faxes are all fax.com faxes received at a spam trap so if you have many of these faxes, "fax.com has your number"
  • you have other fax.com faxes that have been verified, i.e., you've verified that fax.com "has your number" 
  • a friend of yours who also gets fax.com faxes got the same fax you did
  • the advertiser admits they use a fax.com entity for advertising

Here are 9 recent verified fax.com faxes: VerifiedSamplesJul (the phone number of header of the first fax was blacked out by us to protect their identity).  

Here's how we proved it was fax.com on these samples and how you can prove it too. Every single data point we checked was consistent with fax.com. The chance that a given junk fax matches on all these points and was not sent by fax.com is virtually zero.

  • fax.com uses a distinctive header style with distinctive fonts, character positioning, and the use of <-.....-> between your phone number. They are one of the few vendors to include your phone number on the fax. Study the examples here: VerifiedSamplesJul. See how they are all alike in the header and removal number?
  • fax.com uses removal numbers (listed above) such as 800-658-8133 which gives you 3 options; other broadcasters give you no options.
  • The response numbers were all answered by a fax.com call center
    • 800-281-1762 answered on July 23, 2004 as "Debt Services." I answered the questions and based on the answers I gave (I wanted a mortgage, and not debt consolidation and I said I had a zip of 90025), I got transferred to Tony at Optima Funding in Santa Ana which is a long-time fax.com customer that we've sued before.
    • 800-709-0768 answered on July 23, 2004 as "California Mortgage Services...this is Jeff...how can I help you?"
    • 800-709-0757 answered on Jul 23, 2004 as "Quickbooks Training" call center. But the fax itself has the QB-Easy logo. QB-Easy is a well-known fax.com company.
  • The faxes were also received at known "spam traps" for fax.com. We've identified phone numbers all over the country that receive nothing but fax.com junk faxes because the other fax broadcasters haven't discovered them yet. These faxes matched faxes received at those spam traps.

All of this constitutes proof beyond any reasonable doubt that fax.com sent the faxes. But that is the criminal standard of evidence. In court, all you need to prove is preponderance of the evidence, i.e., >50%. To be safe, look for header style match and a removal number match.

I've been hit by fax.com. So now what are my options?

You have several options:

  • You can try calling the removal number and see if they take you off
  • You can sue them in your local small claims court (see How to get $2,500 per junk fax (California only))
  • You can sue them in your local superior court (don't do this in california or you'll get coordinated with every other suit)
  • You can do nothing

If you are interested in taking action, see the first question on the Junk fax Q&A.

fax.com background information

The following information is provided for you if you are curious or are pursuing a case against them.

Fax.com still exists as a graphic design shop where Erwin Dass works. But their main sales operation (certainly as of July 5, but somewhat earlier than that), is now called:

ACCESS SALES INC.
Corporation Number: C2614387 Date Filed: 5/27/2004 Status: active Jurisdiction: NEVADA Mailing Address: 3972 BARRANCA PARKWAY SUITE J-499 IRVINE, CA 92606 (this is a UPS store)
Agent for Service of Process (for California cases only): C T CORPORATION SYSTEM 818 WEST SEVENTH STREET LOS ANGELES, CA 90017

but their real address and phone are:

They go by all sorts of names including:

They all look different to the untrained eye, but there are at least 30 different ways you can tell you got a fax from fax.com.

For example, check out these two fax.com faxes that were sent two months apart. Different phone numbers, different layout, but a lot of common stuff....in fact, the 800 numbers to call at the bottom are in the exact same place and the exact same font size. And the examples are the exact same numbers. One of these faxes came from an attorney, the other came from my fax machine:

Mortgage1  (received 2/05/04 by the General Counsel at a company I do business with)
Mortgage2 (received 4/06/04 by me)

Here are the 2 main header styles used by fax.com:

7/10/2003  6:37:54 PM       <- yourphone ->                 Page 1
10/17/03  11:16:56   ->   <yourphone>  <- yourphone ->      Page 001

Note the different date styles, time styles, use of -> and <-  ...  -> and Page numbering styles. The header style changes over time and is different from machine to machine, so expect header variations in the faxes you receive, but eventually, you'll recognize their style.

Here are four recent fax.com faxes. FDCJunkFaxesJune2004. See the header? Look like the headers in your faxes? Check the response and removal numbers listed below. They keep changing them all the time to make it harder to identify that all your faxes come from them. 

So, for example, when Jim Sutton subpoenaed the information from XO Communications, you get something like this:

"XO Communications' records indicate that telephone number (800) 658-8133 is
operated by XO Communications, by contract, for:

Subscriber information for telephone number (800) 658-8133
Company Name: Data Research Systems, Inc.
Billing Location:
Address: 92 Argonaut, #225
City: Aliso Viejo
State: California
Zip Code: 92656
Contact: Richard Lamarre / Gary Anzaroot
Contact Number: (800) 600-2492
Service Location:
Address: 9000 Southwest Nimbus Avenue
City: Beaverton
State: Oregon
Zip Code: 97008
Associated Numbers:
8006588132 8006588134 8006588135 8006588136 8006588137
8006588138 8006588139 8006588140 8006588141 8003900761
8003900984 8002744798 8003901403

Beware of similar sounding remove recordings! Fax.com uses "You have reached the fax removal number". Here are a couple of similar sounding recordings, that are actually quite different and indicate a different broadcaster

Here's a list the FCC compiled of fax.com customers and removal numbers. All of the FCC numbers are in the list above, but the FCC listing shows the advertisers associated with each removal number. See fax.com customers and removal numbers for a recent list of companies using fax.com; also see the list of removal numbers below which is more up to date.

There is no identification of the firm when you call any of these removal numbers and there is no ID of fax.com on any of the faxes. So why do they need >60 different toll free lines? Perhaps it is the case that by using a lot of different numbers, it makes it look like it is coming from a different company each time. So nobody ever suspects that all their junk faxes come from fax.com. In fact, fax.com will even switch the removal number on the same promo for a client within 60 days so it looks like it came from a different company. 

Wonder why they put those number on at all? I thought it was because it's expensive to have a human take the call to remove. The truth is that it's not that it is expensive, it is that is very, very, very, very abusive. People go off the depend they are so mad about the faxes....obscenities, death threats, bomb threats...it gets really ugly. And the more deletes that they don't know about, the more lawsuits they get.

Response numbers 800-237-5848, 800-816-0435, 800-670-6024, 800-364-3061, and 800-819-5256 belong to Lighthouse Marketing (shown as a wholesaler), 15440 Laguna Canyon Rd., Irvine, CA 92618, and all ring-through to 949-265-3486. The contact names are Dan Freeman and Erwin Dass. Lighthouse Marketing has about 400 toll free numbers through the same resp org, all of which ring-through to the same number. See fdc800.PDF and fdc800-2.PDF for details.

If you've ever answered the phone to a fax machine, chances are also pretty good that it is fax.com war-dialing, looking for fax numbers. My whole company got attacked on May 12, 2002...they dialed all the voicemail numbers looking for fax machines.

Few people figure this out. Almost nobody. It's extremely hard for the average person to find out since there is no legal way available to the average citizen to find out who owns the 800 number. So fax.com hides in a clever veil of obscurity. They can get away with not removing you since you never know who they are. 

We've collected here, from lawsuits filed all over the country, a list of the key players who are involved in the process and may be personally responsible for sending you those junk faxes. 

When you receive a junk fax from fax.com, these are the people who you can contact to resolve the matter. 

A * denotes an officer of fax.com (as determined from facts gathered by the California Attorney General as presented in their lawsuit). A + denotes that the FCC has determined that they are liable in the FCC Notice of Forfeiture. People with a + or a * have already determined to be liable under the TCPA for sending junk faxes by either the FCC or California Attorney General. People with a $ are also liable, but we aren't aware of any cases pending against them. People without a + or a * or $ may or may not be liable, depending on the facts and circumstances and what the judge decides in your particular case.

Companies who knowingly provide the telecommunications lines for sending junk faxes, if notified of the violation, are liable. For example, BellSouth was named in a suit in Georgia as violating the TCPA because they provide the telco lines to Sunbelt. Actual knowledge of junk faxing by the customer is enough to establish liability of the carrier. "It's a slam dunk," according to one TCPA expert.

NOTE: Please do not name Erwin Dass in any of your suits. 

Person Title and Role Locations
Kevin Katz*+ President

(founder, largest shareholder. He runs the company.)

 31 Lagunita Drive
Laguna Beach, CA 92651-4237
(home)

Impact Marketing
15440 Laguna Canyon Road
Irvine, California 92618
(949) 265-6700
This address is obsolete

fax.com
600 Anton, 11th floor
Costa Mesa, CA 92626
(Erwin Dass, Tom Roth, and a few other people work there; fax.com's attorney said this was their official address and this was verified by Katz)
714-371-4096

30872 South Coast Highway, Suite 201
Laguna Beach, CA 92651-4237
Eric Matthew Wilson*+ CTO

(in charge of the Super Faxcaster machines that actually send out the faxes; Eric gets the faxes from the graphics department)

 Tech Access Systems Corp.
280 W. Sierra Madre Blvd., #231
Sierra Madre, California 91024 (work)

Tech Access Systems Corp.
521½ South Myrtle Avenue, Suite 1 
Monrovia, CA 91016

678 Alta Vista Drive
Sierra Madre, CA 91024 (home)
Thomas Robert Roth*+

 

 VP of Finance Impact Marketing Solutions, LLC
15440 Laguna Canyon Road
Irvine, California  92618
(949) 265-6700

24931 Via Sonoma
Laguna Niguel, CA 92677

Jeffrey Benjamin Dupree*+

aka Jeffrey C Dupree

VP Sales and Marketing

obsolete:
Impact Marketing
15440 Laguna Canyon Road
Irvine, California  92618
(949) 265-6700

Obsolete:
26 Maple Drive
Aliso Viejo, CA  92656

Most recently served legal process at his mother's house:
1236 Jason Drive, Lompoc, CA 93436

Joseph A. Garson+

President
Everglades Enterprises

(runs the company that acquires the telecommunications to send out the junk faxes; also was in charge of faxcasters earlier)

Everglades Enterprises

Old address:
352 South Canon Drive
Beverly Hills, CA 90212

Joe is now at:
27300 WILLOWGREEN CT
FRANKLIN MI 48025-1787
Garry Anzaroot$ Anzaroot & Miller, Inc. provide the telecommunications services (under contracts with Kevin Katz and Joe Garson) to send out those junk faxes you get. AMI uses the name US Mail (a Florida Corporation, located at 1201 Hays Street Tallahassee, Florida 32301) in their contracts with fax.com, then buys the phone lines for them as US Mail, but using a different corporate location. They started in March 2002.

Kirsch notified Anzaroot via email on 3/16/04 and confirmed they received notice on a phone call on 3/17/04. Anzaroot claims he knows nothing about any of these people or any contracts. A complete "Sgt. Schultz" defense. He's lying. Even Katz (under oath) admitted he knows Anzaroot.

 Anzaroot & Miller, Inc. dba AMI Communications
600 Reisterstown Road Suite 700
Baltimore, MD  21208
410-415-6776
Michael Franklin

Douglas Keller

Gary P. Stukes

Christopher Ricca

Todd Stone

 GCC buys lines from Covista Communications, Global Crossing, Worldcom, and Qwest. 

GCC provides the telecommunications lines to Anzaroot who provides them to Garson who provides them to fax.com. They've been doing it since March 2002. Confirmed in Tom Roth's deposition Jan 31, 2003 by the SEC.

Kirsch notified GCC of illegal use on 3/18/04.  so that they may take appropriate steps to comply with the law. They are currently investigating the matter.

 

 Global Communications Consulting Corporation
25 Kilmer Drive, Suite 217
Morganville, NJ, 07751
(732) 972-7300

Dennis Habgood

Justin Tanos

Carey Adams

Bruce Tran

 Handle the faxcasters (usually placed at offices of the advertiser) Telecom Tech Support, LLC
26081 Merit Circle, #112
Laguna Hills, California 92653
Eric Brenner

 

 Runs the call center Impact Marketing
15440 Laguna Canyon Road
Irvine, California  92618
(949) 265-6700
Frank Frappier Top sales person for fax.com Impact Marketing
15440 Laguna Canyon Road
Irvine, California  92618
(949) 265-6700

34 Encore
Newport Beach, CA 92663

In Novermber, 2003, Fax.com switched from using VMBC (VMBC dropped them when they found out the story behind fax.com) to XO Communications so all their 800 numbers have changed. 

Old address
Fax.com, Inc.
120 Columbia Street STE 500
Aliso Viejo, California  92656 

Bogus address
Impact Marketing
16485 Laguna Canyon Rd #230
Irvine, CA 92618

The Alton Parkway address is just a mailbox drop.

This is the address of their old attorney James Mudd which they use on their letterhead so nobody can find them.
  

http://www.fax.com/ Main website (original)

http://www.chooseimpact.com/ new website 

But they've split themselves into several companies to make it harder for people to find and sue them.

Most recently, FCC Fines Fax.com over $5 Million for Sending "Junk Faxes."
News Release: Word | Acrobat
Powell Statement: Word | Acrobat
Order: FCC-03-336A1 Word | Acrobat

Here is the $15M lawsuit against fax.com and its officers that the California Attorney General filed on August 12, 2003

From the deposition of Thomas R. Roth (VP Finance) in the matter of SEC Global Vision Holdings, Inc (GVHI) that was taken Jan 31, 2003:

  • Thomas Robert Roth, DOB 5/70, SS# 562-yy-xxxx
  • He got his CPA in 1995
  • Started working for fax.com in 5/99
  • VP Finance
  • 6700 square feet
  • 50 employees
  • Two others work in finance: Alicia Gaut and Shad Whicker
  • Travel is 40% of their revenues; Mortgage is another 40%; pump and dumps are 5%; cell phones are 10%.
  • They charge from 4 to 12 cents per successful fax
  • They send off pump and dumps for Unique Promotions and Ewebplace
  • In 2002, fax.com did $20M in revenue
  • In 2001, fax.com did $15M in revenue
  • In 2000, fax.com did $9M in revenue
  • Roth owns 5%; Charles Martin 1.7%; Jeff Dupree 3%; Eric Wilson 33%; Kevin Katz: the rest
  • Use list brokers like InfoUSA and AGI. They also war dial to discover new fax numbers.
  • The faxes they send are unsolicited
  • Dennis Habgood, Justin Tanos, Carey Adams, and Bruce Tran work at Telcom Tech Support which manages the faxcasters
  • Dan Reznicek sold Unique Promotions account
  • Roth has a brokerage account at Merrill Lynch
  • GCCC sends out the faxes for fax.com. Before that, they used Qwest. (p. 24)
  • Phone bill is about $500K/mo
  • Unique Promotions paid Charles Martin
  • Client mails the promo to the sales rep. Rep sends it to graphics dept. Then it is sent out (p. 28)
  • If they pay by check, there is no written contract. If they pay by credit card, there is (p. 32)
  • Kerry Valier is the supervisor for Dan Reznicek
  • They take payment for stock deals at Merrill Lynch
  • Ewebplace is another pump and dump client (p. 40)
  • Five people in the Compliance Dept (p. 43)
  • A couple of hundred people call each day to be removed (p. 43)
  • They billed $160K for sending out about 3M faxes on pump and dump (p. 55)
  • Most customers pay up front (p. 56)
  • 12 sales reps. Jeff Dupree supervises them (p. 76)
  • Other sales people are Randy Thomason, Jimmy Horvat, Frank Frappier (p. 77)
  • Establishes that GCCC does the faxing for fax.com [24:11]
  • Establishes that the sales person is the person that causes a particular fax to be sent out, rather than anyone in management [28:5, 28:21,29:11]
  • Establishes that they pay over $500,000 per month in phone charges [24:6]

From Eric Matthew Wilson Deposition (taken by Covington & Burling March 5, 2002):

  • Founded in early 1999
  • Founded Fax ID to sell fax broadcasting equipment (faxcasters) with Katz in 1998
  • Fax ID dissolved and fax.com took it's place
  • founder and CTO [5:15]
  • supervises 3 programmers (Hong, Habgood, Sadiq) who write software to send out faxes [6:14]
  • Dupree is head of Sales [7:25]
  • Katz is President [8:3],
  • Ahmed creates and maintains the list of phone numbers [12:25], 
  • 8M numbers in the database [16:25]
  • 40 to 50 broadcasts a day [38:7], 
  • Charles Martin is in compliance [42:9]
  • the vast majority of the numbers are from InfoUSA [13:20] and InfoUSA doesn't represent that those numbers have given permission to be faxed [43:24]
  • Dupree or someone working for him helps get the fax numbers [44:17]
  • they don't track which phone numbers they sent the faxes to [47:17, 48:5]
  • they can't tell which system the fax was sent (remote or centralized) [64:7]
  • there is no way that they can tell whether a fax was sent to a particular number [65:25].

From Kevin Katz deposition (taken by Covington & Burling March 4, 2002):

  • Salesperson decides which numbers to target [22:19]
  • most of the numbers are from InfoUSA [29:22],
  • sales person provides reports to the customers about success of the fax[70:19],
  • fax.com doesn't keep a record of the numbers dialed for a particular fax [73:23, 80:11], 
  • a host of people are responsible for sending the fax out [86:16]
  • Martin does compliance [93:1]
  • no records are kept about where a fax is sent out from [119:21]
  • no reporting structure in the company; the departments function separately [126:23]

Here's the complete Kevin Katz deposition (taken by Lieff Cabraser December 8, 2003). Here are some of the highlights:

  • Kevin doesn't remember where fax.com is located (His attorney said it is 600 Anton, 11th floor, Costa Mesa, CA 92626)
  • Kevin doesn't know whether he is the CEO of fax.com or not
  • Eric Wilson and Kevin Katz are the sole shareholders of fax.com
  • He has no documents showing the ownership or management of fax.com (nor does he know anyone who has these documents)
  • David Felsenthal has been fax.com's attorney for the past 5 years
  • Fax broadcasting is "sending a fax".
  • Kevin says he isn't involved in any other company involved in fax broadcasting
  • Kevin claims he knows nothing about Impact Marketing Solutions or Lighthouse Marketing or Data Research Systems or Tech Access Systems or Soho Marketing, etc. (see the deposition for the entire list)
  • He's not sure if he's sent out faxes using fax machines
  • He's not sure who owns the faxcasters
  • He says Charles Martin doesn't work there anymore and there is no one in the compliance department
  • He doesn't remember when he was last at the new location of fax.com even though he later said it was a week ago

Here are some sanctions against Katz for not showing up at a deposition.

The latest news on fax.com is that Covington and Burling won their $2.3M suit, so fax.com either has to pay the judgment or post a bond by December 15, 2003. They chose to do neither. 

The sign is still up, but Fax.com has apparently cleared out of its building in Aliso Viejo. The company next door has a sign in the window saying that for inquiries about Fax.com, call 562-903-0407. American Benefit Mortgage is next door on the other side of Fax.com, and is still in business. The Aliso Viejo post office that likely put on the post mark for all the Martin YAP letters people have received is right across the street from Fax.com.

Kevin Katz' direct line: (949) 916-6502 (now disconnected)
Charles Martin's line: (949) 916-6530 (now disconnected)
Main company number: (800) 310-5188 (now disconnected)

fax.com also has used the name SOHO Marketing for months in order to obfuscate people going after them. Same people, different location. Website is www.soholeads.com soholeads.com is registered to Nelson Frappier. He is the father of the number one salesperson at fax.com (Frank Frappier). It is not in the same location as fax.com,  but is around the corner at 85 Enterprise. It is a call center

They are also using the name Lighthouse Marketing http://www.lhmarketing.com. It is registered to Eric Brenner with an email address of eric@soholeads.com. Also that address is a residential complex and one of the streets in the complex is called Lighthouse, hence the name.

So in addition to having dozens of 800 numbers to confuse people as well as disconnecting all their machines in the fax.com domain (their domain registration record is out of date so that qualifies their domain name as being "up for grabs" to the first taker), fax.com now (in 2002) has split itself into several companies to avoid detection:

Company name Purpose Location Contacts
fax.com Administration, Graphics Aliso Viejo Tom Roth, Erwin Dass
SOHO Marketing http://www.soholeads.com  call center to take the leads from the voice calls Aliso Viejo  
Lighthouse Marketing LLC www.lhmarketing.com  Call Center 16485 Laguna Canyon Road Ste 230, 
Irvine, CA 92618

15440 Laguna Canyon Road, Irvine, California 92618

23411 Laguna Hills Drive, Suite K25, Aliso Viejo, California 92656

 Eric Brenner eric@soholeads.com
Data Research Systems Compliance 92 Argonaut Suite 225
Aliso Viejo, CA 92656-4116
 949-580-2628

26895 Aliso Creek Road, Suite B #681, Aliso Viejo, California 92656

 Charles Martin (the Argonaut suite is American Benefit Mortgage), Terri Breer, Darrell Smiley
Impact Marketing Solutions
www.chooseimpact.com 

Interesting note is that www.chooseimpact.com whois shows it is owned by Lighthouse Marketing!

 

 Sales Impact Marketing Solutions, LLC
5405 Alton Parkway, Suite 5A-114
Irvine, CA 92604

15440 Laguna Canyon Road, Irvine, California 92618

 Eric Brenner (949) 265-6701

Jeff Dupree (VP Sales) 

sales@chooseimpact.com
TechAccess Systems 
tascs.com		 Technical support for the in-house networks and the Super Faxcasters located in large cities across the US.  280 W. Sierra Madre Blvd., #231, Sierra Madre, California 91024

521 ½ South Myrtle Avenue, Suite 1, Monrovia, California 91016

 Eric Wilson, Chad Nelson, Clayton Wagner

Programmers: Ahmed Sadiq (chief programmer), Josh Lee, Jeff Lee
Telcom Tech Support aka Telecom Tech Support Technical support for the Faxcasters, hundreds of which are located around the US 26081 Merit Circle, #112, Laguna Hills, California 92653 Dennis Habgood
Everglades Enterprises In-house faxing, i.e., this is where most of the faxes are sent out Joe Garson, 352 South Canon Drive, Beverly Hills, California 90212 Joe Garson
  Attorney 1900 Avenue of the Stars, Los Angeles, California 90067 David Felsenthal
Fax Vision Places faxcasters for fax.com. Still active as of 4/04. Jeff Arneson is a friend of Kevin. 3172 N Rainbow Las Vegas, NV 89108
1 800 494 1131 voice 
702 446 2334 fax

1010 6th Ave. NW
Austin, Minnesota 55912
United States
507-434-0705 
Fax: 775-201-8190		 Jeff Arneson
jlarneson@msn.com

 

See the details of this obfuscation and all addresses here.

Latest news on fax.com:

Reported 1/12/04

Jan 12, 2004: Wired Reporter Ryan Singel wrote about  the difficulties encountered by various judges, state attorneys general, and the $2.2 trillion Kirsch lawsuit in terms of collecting judgments. To summarize the article, fax.com CEO Kevin Katz simply ignores court orders. See  "FAX.COM Still Dodging Legal Steps"

Here is some information from various sources (they don't all agree on exactly the same numbers but people who have read this list tell me that it is reasonably accurate):

  • Established 1998
  • The CEO Kevin Katz is 37
  • Revenue is about $50M per year
  • They don't cover WA state anymore because of a settlement agreement
  • Sales people claim total database today (Jan 2002) is 22 million fax numbers, but officers say 8 million.
  • They can send 3-4 million a day and typically send 2 to 3 million faxes 200 days a year.
  • They charge as little as 5c per page for 10-20M faxes. 12 cents per fax for small volumes. 
  • Minimum order is 10,000 faxes (which implies that a class action against any single fax.com client should be for $15M or more!)
  • They advise their clients that they "have a team of lawyers in case you need help"!
  • Within the greater Los Angeles area as an example, they have around 400,000 fax numbers.
  • Most fax numbers belong to small businesses (1-50 employees).
  • They have no big name clients, but do a lot of business with cell phone and stock promoters. Also, Dale Carnegie, InfoUSA .
  • They send out 1M faxes/day just for stock promoters. 
  • Their website claims their customers include: Merrill Lynch, Flagstar Bank, Mail Boxes Etc., Carl's Jr., Super 8 Motel, Buy.com and the Broadcasting Marketing Group
  • They don't pay their judgments, even small ones. For example, Robert Braver got a $5K judgment against fax.com in District Court in Cleveland County, OK and they never paid it.
  • They are currently cash flow positive. In 4th year of operation. 
  • Became profitable 2001. 
  • Charge 5 cents per successful fax.
  • Can cross reference against other databases to target.
  • Trying to target F1000.
  • There were at one time over 800 faxcasters in people's homes or offices
  • Get fax numbers through war dialing from the faxcasters they give their clients and other techniques. Have been known to purchase fax numbers from people with war dialers. 
  • They do have lots of "call sheets" which documents incoming calls, however, the vast majority of these are complaints and requests for removal. In short, they can only have express permission from a relatively small part of their database (well under .1%). So 99.9% or more of their faxes are sent illegally.

Also look at some of these excerpts from the fax.com website where it is clear that they are still blatantly flouting the law after 6 FCC citations. If they really have 20M fax numbers, that's just about every fax machine in the US (see this graph of number of fax machines in the US). When you consider that they have well under 200K "permission slips" and the majority of those are complaints about junk faxes, it basically means that virtually all their faxes that they send to their database of fax numbers violate the TCPA.

We know of no one who has actually expressly consented to receive a fax.com fax. If you are such a person, please let us know.

You can  listen to an actual fax.com sales pitch (with the same info we got when we called!).

You can also see the KGO junk fax story where Kevin admits sending unsolicited faxes (part I and part II) and tries to hide behind the California law that is preempted by federal law. The story ran Jan 31, 2001. Here's the transcript to part I.

See the fax.com clients page for information about the fax.com clients you may recognize. Or maybe you'll recognize one of the 22 faxes I've received from fax.com at my home that I scanned in. I've received hundreds.

You are not obligated to call them to remove your number since they didn't get your permission in the first place, so what they are doing is illegal. You can try to get your number removed, but most people find it doesn't work (see this horror story). You may find it more satisfying to keep getting the faxes and sue the companies who send it to you (and/or fax.com) in small claims court. That is the enforcement mechanism Congress intended.

In fact, even if you complain to a fax.com advertiser, fax.com will reply and hide their identity!!! Gee, I wonder why they would do that if what they are doing is legal???  

Robert Battaglia is the name used for registering phone lines belonging to fax.com (used for war dialing and/or faxing). From a posting on the Internet:

Robert Battaglia of C&M Maintenance a/k/a Ceiling Pro, was the manager for Moneyfor fax.com. Through that company, Battaglia contacted individuals across the state to have war dialers placed in a closet in their home.

Battaglia ordered the phone lines in his name and shipped the device as if it came from him.

His name was used as the subscriber for all numbers ordered in the states where the devices were used but the address where each device was located was used as his address for each account.

Thus, when one did a call trace or caller ID, the name Robert Battaglia would come up with an address local to each resident who got a call within a given state.

However, If one was to do a search of phone numbers at a certain address, they would come up with a different name, especially if the homes are one family.

That is how I came up with the name Silverstein in my situation. Silverstein owns the house where Battaglia has a war dialer in this part on NJ. Silverstein has the device in a closet and is paid $60 per month probably from FDC.

Battaglia set up the device and ordered the numbers so the account is in his name at the NJ address even though Battaglia actually is in CA.

The exact same thing happened to me. Some of the calls to my number show up on callerID as being from Robert Battaglia, San Jose, CA 95101 (and 95118 under some lookups). Phone: 408-448-4130 which is always busy (probably sending out faxes).

Since 2002 (thanks the Abika service), I've discovered that I've been getting fax.com faxes from a set of numbers (408-243-8336, 408-243-8214, etc). These are billed to (you guessed it):

Robert Battaglia
1584 Lexington St
Santa Clara, CA 95050

After I confronted the owner of the house (who is actually a really nice guy), he shut the machine down.

Here is Battaglia's affidavit and a response to a motion to dismiss charges against Battaglia. See how carefully his lawyer worded it? For example, let's suppose Battaglia knows full well he's sending out illegal junk faxes. He avoids that question entirely in the affidavit. 

Here's a message from someone in Maryland about a faxcaster:

It appears this bunch of creeps has broadened into Virginia. We have received "fax" identifiable calls from this name using telephone numbers 703-549-8737; 703-549-8904; and 703-549-8906. A search of local areas (Virginia, DC, and Maryland) reveals only one person with this name, but he is with the USDA in DC and resides in Maryland, area codes 202 and 301, so he is probably not connected with the California bunch. Also, most of the calls have come after 10:00pm EDT. We put all the numbers in "Call Block," but it seems they keep adding new outgoing numbers.

The bottom line on Battaglia is that he was an independent contractor for fax.com, just like Esme Vaughn and Paul Stanton. Battaglia thought at the time what they were doing was legal. He quit in February 2004 after the Supreme Court denied cert. on fax.com cases which made it obvious that what they were doing was illegal. He's also counseled people who ask him about it to get out of the business. If you are going to sue someone, going after Robert would send the wrong message and for that reason, we've removed his contact information from the public site (if you need it, contact us). The people to go after are the people still doing it (see list above).

Tom Roth is VP Finance/CFO.

Eric Wilson is CTO.

Other people:

Attorney is James E. Mudd in Irvine, CA. They also serve as Fax.com's Registered Agent.

In-house counsel for fax.com is Felsenthal. Ironically, Felsenthal used to work for Scott Zimmerman (who now has a case against fax.com). Felsenthal hired Cozen.

Aaron Read is lobbyist in California. Fax.com's ID for contributions is #1235655. So far, they've paid Read over $52K to defeat AB 839 since Q2 of 2001. After Read learned more about fax.com, he terminated his relationship with fax.com.

Here's how they try to manipulate the system:

As Alan was presenting his arguments for AB 839, Senator Johannessen made a statement indicating that he liked how Senator Figueroa's bill, SB 771, works (it creates a "do not call" list maintained by the Dept. of Consumer Affairs) and asked Alan if he would consider amending his bill to establish a "do not fax" list. Alan declined, stating that would not offer the protection he was seeking. Senator Johannessen made a motion to amend the bill so that it established a "do not call" list. Senator Polanco seconded the motion, and the motion was passed. Alan then pulled his bill before it could be voted on in its current, "hostile" form.

For washington case, they used (in the past):
Shari Odenheimer, Cozen & O'Connor, Pennsylvania 800-379-0695 
Jennifer Brown, Seattle office
but it various from state to state.
http://www.cozen.com/site/attorneys.asp 

Incoming fax response numbers on the outgoing faxes are not owned by fax.com. These include:

800-992-5329 (used for outbound)
888-537-0886 (used for Y2Marketing campaign)
800-355-5676 (used for Tower Group campaign and belongs to "Who's Calling")
800-341-7352 (used for Tallclocks, Inc campaign)

They have local associates doing faxing for them too. They call them "affiliate partners."  The callerID is usually blocked.

The name Cynthia Williams from AT&T is also a pseudonym that some people believe has been used by fax.com. They will call you and try to get information out of you. Beware of suspicious calls.

Faxcaster machines
fax.com says they use proprietary techniques to get new fax numbers. Here's how their faxcaster machines work.

Litigation and citations
Fax.com is currently the market leader in violating the TCPA, accumulating over six separate citations by the FCC in 2001 alone (they averaged one FCC citation a month in the first half of 2001). Here are the cases against them I know about:

South Carolina
Allendale County Bank v. Fax.com, Inc.
They got an injunction to preserve records (but not sure how extensive this is). And fax.com finally entered an appearance. Robert Biggerstaff has the details on this one.

Maryland
Silver Spring lawyer Bruce Levitt filed a class action suit (he is the plantiff not the attorney) in Baltimore. Levitt took action after receiving three unsolicited ads for vacation deals. He filed the suit in Baltimore City Circuit Court and can be reached at bruce2nd@aol.com. He's represented by Mike Worsham with worshamlaw.com.

Pittsburgh, PA
Filed the class actions here in PA against the advertisers and not the sender, i.e. Fax.com.  The Fax.com lawyers enter their appearance and handle the matter on behalf of the advertisers.
Clayton S. Morrow
Attorney at Law
304 Ross Street, 7th Floor
Pittsburgh, PA 15219
412-281-1250
Fax 412-209-0658 
claytonm@sgi.net 

Los Angeles, CA
Kevin Tripi filed a class action. 
Kevin M. Tripi
1920 Main St.
Suite 1000
Irvine, CA 92614
(949) 833-9112
Fax: (949) 756-0596 
kevintripi@hotmail.com  

Many other cases in California are going on. See Junk fax California status

New York
(details to be supplied)

New Jersey
Dubno v. Fax.com

Joe Osefchen. 
I am an attorney with the law firm of Philip Stephen Fuoco in Haddonfiled, New Jersey. We have filed a proposed class action against Fax.com and Kevin Katz.  I have attached a copy of the complaint. Recently, Katz has moved to dismiss arguing the New Jersey court has no personal jurisdiction over him because the faxes were sent from California (and were sent to New Jersey). I am looking for any TCPA case which holds that the state where the unsolicited junk fax is received has personal jurisdiction over an out of state broadcaster.

Washington state
fax.com settled with the state of Washington after they were confronted with evidence that indicated that they blast-faxed thousands of patients at the University of Washington Medical Center. The state got fax.com to pay $90,000 in restitution. That's a travesty. That's pocket change for them. I have heard that THEY ADMITTED TO THE AG THAT THEY USED A WAR DIALER to blast into hospitals (it isn't in writing in the settlement agreement but you can call the washington AG to verify).

Washington D.C. Superior Court
Gerard J. Waldron, a partner at Covington & Burling and the original author of the TCPA sued fax.com $2.45 million for 1,634 unsolicited advertisements received over a one week period at their law firm. See A Champion of the Underdog Goes to Bat for Microsoft for details (this article briefly mentions the other suits). Here is a copy of their complaint. He won, but fax.com isn't paying.

My favorite is the most recent FCC citation where fax.com is reprimanded for faxing their unsolicited ads to none other than the FCC offices! I guess after 5 citations, fax.com may have wanted to really rub it in the nose of the FCC by spamming the FCC itself and prove to the world that they can get away with it! That was in May, 2001.

So you really got to hand it to fax.com. They've junk faxed both the FCC and the author of the law and it's still business as usual.

They have an agreement with efax.com/j2 Global Communications not to send faxes to their numbers (probably because J2 has so many faxes they could easily sue fax.com and win without going the class action route). 

See ThinkTank Companies Fax.com for a profile of the company, and a bio and picture of the CEO. They orginally financed him. ThinkTank.com was founded by Scott Blum, the founder of Aliso Viejo-based Buy.com Inc. According to a deposition of Eric Wilson, Blum (Value Capital) owned 33% of fax.com, Kevin Katz owned 35%, Eric Wilson (CTO) owned 23%, and the employees own the rest. 

Scott Blum has disassociated himself with the company shortly thereafter. As of late 2002, Blum has divested of fax.com and has no association whatsoever with them anymore. References to fax.com on their website have been removed.

There is a guy in South Carolina, Robert Biggerstaff, who is not a lawyer, but runs www.tcpalaw.com which is an excellent resource for TCPA cases. He won a suit against AT&T on the TCPA (see AT&T loses in first ever jury trial against a telemarketer). 

"If Mr. Biggerstaff is the expert for the Plaintiff, you will likely lose." 
-- Statement from an FCC attorney in 2001, to a defendant who called the FCC for assistance with a TCPA case.

Here are a few articles about fax.com

Fax.com Partners With Cox Business Services for a Reliable, Cost-Effective Telephone Solution

Slimeball Junk Faxers
article in Orange County Register around July, 2001

I have heard that their faxing methods include:

  • they will do from fax.com from fax.com HQ for 7 to 10 cents per transmission. OR 
  • sell to a client a faxcaster. PC using fax.com software to do war dialing to find fax machines. faxcaster then snarffs info from fax machine, then person transmits fax and MUST give fax.com the numbers that they find! So that helps fax.com build their database of fax numbers. You don't get a better price though. 8k to 10k for the faxcaster.

It is hard to use discovery to find how it was sent out because they don't keep records. However, they have recently been ordered to preserve this information (see below).

The FCC can't discuss contemplated actions but when the FCC does determine that a fine is in order, they basically just use the complaints that have been sent in, i.e., they don't do a class action sort of thing like an Attorney General would. So the FCC is  unlikely to put fax.com out of business because their actions are limited to forfeiture (limited by the number of complaints received). They cannot enjoin fax.com like a state AG can. When the FCC receives enough complaints, they generally go after forfeiture.

Fax.com in the past also has sent out unsolicited faxes to solicit your approval (see "Your Permission Please" for the original sent out by the faxcaster). These faxes are written as to assume your consent unless you call the 800 number to be removed. You'll note from this fax that they try to hide their identity with *67 in the header in order to block the caller ID number. Gee, I wonder why? Also, note that they give the impression that they are a public service organization that does a limited amount of commercial advertising to support the charitable work that they do. I personally have received several hundred fax.com faxes. I've only seen one missing child ad. 

Lighthouse Marketing LLC has somehow taken over Soho.  Nelson and Kevin had a falling out in March. Lighthouse is not a residential complex, although there is a Lighthouse street. The actual address is a Postal Annex across the street from there. And if you look up the name server IP for Lighthouse, you will see that it belongs to Quest, but is assigned to Database Logistics, which is Eric Wilson’s company. So that means Eric is hosting their website from his house. You will see Database Logistics intertwined with Tech Access Systems (see details of this obfuscation and all addresses here). 

Before running to hide in South Africa, Kevin took his voice off of the voice mail on his direct line, but a female voice directs you to someone in his office.

Kevin will be 40 in December.

They pay another company to fax for them in the state of Washington. That is how they can get around the agreement with the state of washington's attorney general.

Satellite Direct Systems, was partially owned by Kevin Katz. And his partner Eric Wilson had no clue. 

Robert Battaglia is actually a nice guy. About a year ago, Kevin moved the Tech Support Dept. for the Faxcasters out of fax.com and put it under Battaglia’s name as Telcom Tech Support. It is on Merit Circle, only a few minutes from Fax.com and there is a T1 that runs between them. And then Robert works out of his house, along with 2-3 employees in north San Diego County. 

Felsenthal is no longer inhouse, per se. He now has an office in Los Angeles, but is still their main counsel. He did not hire Cozen, they hired him. Now Cozen wants nothing to do with fax.com.

They are now targeting 40 million faxes per month and have no intention of halting any of their plans.  They will say here we are, but we aren’t making any money. That is because it is spread out everywhere under different names and different locations.

Update: within two weeks of filing my lawsuit, I received a fax.com missing child ad at work!

Fax.com doesn't comply with judgments, doesn't show up and court, claims not to have kept records of what went out, does not comply with discovery requests until sanctioned by a judge, and has been ordered numerous time to preserve evidence (see fdc-md-order.pdf and fdc-sc-injunction.pdf for details). Even the California Attorney General can't get fax.com to comply with their subpoena. 

There is a new judge's order (TRO) for fax.com to preserve evidence issued in San Jose by State Superior Court Judge Jack Komar on July 8, 2003. This TRO turned into a preliminary injunction on July 21, 2003.

From a source:

My company too has been SPAMmed by fax.com. We got heavy handed and finally got there attention several months back. In the recent month or so, some faxing had started back to a couple ranges of numbers. I called all the numbers I had previously and found them disconnected. What a surprise.

Even more surprising is I called and left a message that I was trying to Reach Darrell and low and behold, he actually called me back. I called back and got Laura at Data Research Systems and she gave me an email address to mail the numbers to to have them removed.

Laura's number: 949-580-2625 Darrell's number: 949-580-2629 (did not actually speak to him on that number) Laura's email address: m102@dataresearchsystems.com

here's another tidbit:

As far as the Opt out list, I do believe it got put in the deleted list. We actually did make some effort to not fax to people who asked to be deleted. Here's a little tidbit...out of the 33 million fax numbers we gathered, there are 39 million deletes (higher because blocks of numbers are deleted to accommodate huge companies, cell phones, etc.) and there are only 11.5 million good fax numbers.

Terri Breer shows up to represent fax.com. She works with Charles Martin. I have confirmed that she is also using the name Terri Cleland, both in court and out. Don't know the origin of the names, maybe one is a maiden name, but she is using both identities. There is no Terri Cleland registered with the State Bar. She is registered with the State Bar as Terri Breer. By the way, I personally know her and have seen her with my own eyes using both names in court on different cases.

http://www.faxvisioncom.qpg.com/index.html Faxvision website is semi-related (not run by fax.com, but friends of Kevin). This page no longer exists.

You end up paying for all the faxes; they pretty much send you the fax at virtually no cost to them (.5 per minute and a fax only takes 40 seconds; 0 cost if done via local faxcaster).

In addition, they avoid paying any income tax or other taxes using techniques such as:

  • They've arranged so that their communications lines bought via GCCC are tax exempt
  • They have customers pay via credit card that is cleared in Canada and part goes to fax.com the rest goes to Kevin's accounts in South Africa
  • Advertisers like America's Toner pay directly to the Millenium Marketing Swiss bank account. That's just a front for fax.com. Only part goes to fax.com. Kevin pockets the rest.
  • Millenium Marketing is a non-profit so doesn't pay taxes. It just does faxes for missing children. That's what they want you to believe.
  • Kevin Katz gets kickbacks on the telecommunications bills that are paid by fax.com

Here's the scoop on IVR

Prior to Jan, 2003 Kevin 'outsourced' his inbound call center to an independent Company in Orange County. Advertisers were complaining that when customers called this Co. they were either not properly assisted, not understood, or placed on hold forever.

When the former IBM space became available (Eric Brenner-Lighthouse) Kevin decided to hire college grads, sales driven individual and keep the inbound operation in place/house at Brenner's location.
 
The IVR was created to stop the bleeding of the customers advertisers and to increase profits on the hot cuts.
 
HOT CUTS are when a caller qualifies for a loan or an insurance policy, or a refinance they are qualified by IVR and transferred over to the actual Company advertising w/ IVR-Kevin.
 
Example: I call looking to refinance my home. The IVR telemarketer asked some very specific questions like, how much is your mortgage, what rate per APR, have you ever file for bankruptcy, are you married, both working, etc.
 
The total score of yes vs. no's gives the caller an option. 1) would you like to speak with a loan/refinance officer w/ ABC company now, 2) if this is a bad time or you don't have 30 minutes now, may we have a loan officer call you? or 3) would you like us to fax you an application and we can place it with three loan companies?
 
Each answer is a different method of IVR profits, hot cut is the most profitable, loan lead second, and #3 slightly less.
 
Note: The caller is also asked questions about cars, insurance home and life, vacation interest, etc. to sell to other advertisers.

Litigation aids

Fax.com-supplied documents

Miscellaneous info

Cases

Judgments and sanctions

Depositions / Affidavits

Subpoenaed fax.com removal/response number information

The complete fax.com archive of faxes they've sent!!

Caution: these archives below are NOT clean and contain faxes from other broadcasters. See the statement at the top regarding how to identify fax.com ads.

Kirsch small claims cases against fax.com

How to sue them

MORE INFORMATION

The information on this page is just the "tip of the iceberg." If you are an attorney, Attorney General, etc., there is an even more vast array of information about fax.com available on the web in a variety of locations. Contact us via e-mail if you'd like more information on fax.com.

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