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,
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
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
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
On July 5, 2004, they changed their name (once again) to:
Access Sales Inc.
65 Enterprise, Suite E235
Aliso Viejo. CA 92656-2601
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
broadcasterIf 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:
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"
- 800-697-0996 "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
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
- 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
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
- 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:
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)
operated by XO Communications, by contract, for:
Subscriber information for telephone number (800) 658-8133
Company Name: Data Research Systems, Inc.
Address: 92 Argonaut, #225
City: Aliso Viejo
Zip Code: 92656
Contact: Richard Lamarre / Gary Anzaroot
Contact Number: (800) 600-2492
Address: 9000 Southwest Nimbus Avenue
Zip Code: 97008
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.
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
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.
||Title and Role
(founder, largest shareholder. He runs the company.)
|31 Lagunita Drive
Laguna Beach, CA 92651-4237
15440 Laguna Canyon Road
Irvine, California 92618
This address is obsolete
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)
30872 South Coast Highway, Suite 201
Laguna Beach, CA 92651-4237
|Eric Matthew Wilson*+
(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.
678 Alta Vista Drive
521½ South Myrtle Avenue, Suite 1
Monrovia, CA 91016
Sierra Madre, CA 91024 (home)
|Thomas Robert Roth*+
|VP of Finance
Impact Marketing Solutions, LLC
15440 Laguna Canyon Road
Irvine, California 92618
24931 Via Sonoma
Laguna Niguel, CA 92677
||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
600 Reisterstown Road Suite 700
Baltimore, MD 21208
Gary P. Stukes
|GCC buys lines from Covista Communications, Global Crossing,
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
||Handle the faxcasters (usually placed at offices
of the advertiser)
Telecom Tech Support, LLC
26081 Merit Circle, #112
Laguna Hills, California 92653
|Runs the call center
15440 Laguna Canyon Road
Irvine, California 92618
||Top sales person for fax.com
15440 Laguna Canyon Road
Irvine, California 92618
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
120 Columbia Street STE 500
Aliso Viejo, California 92656
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)
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
News Release: Word
Powell Statement: Word
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
- 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.
- 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.
- 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
- 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
- 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)
- there is no way that they can tell whether a fax was sent to a particular
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.com doesn't keep a record of the numbers dialed for a particular fax
- 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
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
- 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
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 firstname.lastname@example.org. 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:
||Tom Roth, Erwin Dass
|SOHO Marketing http://www.soholeads.com
||call center to take
the leads from the voice calls
|Lighthouse Marketing LLC www.lhmarketing.com
||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 email@example.com
|Data Research Systems
||92 Argonaut Suite 225
Aliso Viejo, CA 92656-4116
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
Interesting note is that www.chooseimpact.com whois shows it is owned
by Lighthouse Marketing!
||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)
|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
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
||In-house faxing, i.e., this is where most of
the faxes are sent out
||Joe Garson, 352 South Canon Drive, Beverly Hills, California
||1900 Avenue of the Stars, Los Angeles, California 90067
||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
See the details of this obfuscation and all
Latest news on fax.com:
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
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.
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
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.
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
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
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
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.
Attorney is James E. Mudd in Irvine, CA. They also serve as Fax.com's
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
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.
Incoming fax response numbers on the outgoing faxes are not owned by fax.com.
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
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
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
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:
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.
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 firstname.lastname@example.org.
He's represented by Mike Worsham with worshamlaw.com.
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
Los Angeles, CA
Kevin Tripi filed a class action.
Kevin M. Tripi
1920 Main St.
Irvine, CA 92614
Fax: (949) 756-0596
Many other cases in California are going on. See Junk fax California status
(details to be supplied)
Dubno v. Fax.com
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.
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
Washington D.C. Superior Court
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.
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,
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
-- 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
- 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
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
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
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,
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: email@example.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.
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
- They've arranged so that their communications lines bought via GCCC are
- 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
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
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.
- Feb 14, 2001: Washington
Attorney General case against fax.com
June 12, 2001: Covington & Burling
fax.com original lawsuit against fax.com
2001: various filings against
fax.com by Covington & Burling
July 15, 2002: Kirsch
class action against a fax.com advertiser Y2Marketing
- August 7, 2002: FCC
Notice of Apparent Liability (NAL) against fax.com
- August 22, 2002: Kirsch $2.2 trillion
dollar class action
against fax.com and its advertisers
- May 20, 2003: California
Attorney General complaint
against Charles Martin (falsifying evidence, etc)
- August, 2002: California
Attorney General OSC against fax.com to compel response to administrative
- August 12, 2003: California Attorney General
lawsuit against fax.com
- July 28, 2004: Kirsch class action against fax.com
misc related documents since the original filing date (includes Casello's declaration to try to prevent small claims actions)
- Nov 18, 2003: $500
check I got from LoanNow Financial (Fairon & Associates), a
- Fairon-2004.pdf is
a letter from Fairon denying he uses fax advertising. This is particularly
interesting in light of the
that lists his company as a fax.com customer!
February 23, 2004: AquaVieComplaint
(shows how fax.com is paid $1.2M for promoting one company with a pump and
- July 7, 2004: Eric
Wilson's SLAPP lawsuit
against people who file lawsuits against him (Case 04CC07429)
- September 28, 2004: One week before trial
Wilson drops his case
since otherwise he'd be forced to pay my attorney fees (Case
- October 8, 2004: Letter from my attorney to Wilson's
attorney, Jim Casello demanding I get paid:
- October 4, 2004: Sutton wins appeal that TCPA cases do not have to be
- November 4, 2004: GCCC motion to dismiss my cases against them:
- December 3, 2004: Case against Wilson's house (fraudulent transfer): wilsonLumiaCase.pdf
- December 9, 2004: Subpoena to get Wilson's house records: RealEstateSubpoena.pdf
- March 18, 2005: Eric Wilson declares bankruptcy. See
Eric Wilson bankruptcy case
Judgments and sanctions
- FCC citations against
fax.com (the most recent is for faxing the FCC!)
- FCC citations against
fax.com clients summary (2002)
- Court sanctions
- Bureau of Security and Investigative Services (BSIS) Revokes License - California Department Of Consumer Affairs:
This is the revocation of Charles Martin's license for lying and
manufacturing evidence in several court cases. Mr. Martin’s actions in
defending fax.com, the Judge wrote, “are substantially related to the
qualifications, functions and duties of a private investigator and his
performance of those acts included dishonesty, fraud and deceit.” Here's
the original press
release on the Charles Martin License Revocation.
- Decision revoking
Martin's PI license (effective June 7, 2004)
- Attorney General Bill Lockyer Demands That FAX.COM Turn Over Documents for State Investigation
7/16/2002: fax.com refused to comply with California AG's subpoena
- Covington & Burling's $2.288M
judgment against fax.com (domesticated to California): April 16, 2003
(treble remedy for faxes received two years earlier in June 2001)
- Fax.com settlement with Washington AG
and DAVID L. AMKRAUT et al. v. FAX.COM, INC. that allows lawsuits in
- August 7, 2002: FCC NAL
against fax.com (very detailed). Be sure to look at all the tables.
- January 5, 2004: FCC Fines Fax.com $5.379 Million for Sending "Junk
- FCC correction
to forfeiture order specifying when they have to pay
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,
- Court Order to Stop
- Oct 5, 2004: Federal
injunction against fax.com to stop faxing granted 10-5-04
- Oct 5, 2004: fax.com's stipulation to the injunction:
- Oct 25, 2004: Wilson v. Kirsch judgment for Kirsch for $13,000:
WislonVKirschJudgment.pdf (Case 04CC07429)
- Oct 4, 2004: California Superior Court Judge Baines correctly rules that
multiple junk faxes cases are not a split cause of action (this was a
Depositions / Affidavits
- Kevin Katz deposition I (taken by
Covington & Burling March 4, 2002)
Katz deposition II (taken by Lieff Cabraser December 8, 2003)
- Eric Matthew Wilson Deposition (taken by
Covington & Burling March 5, 2002)
- Thomas Robert Roth
(taken by the SEC January 31, 2003)
- Eric Wilson
Affidavit (June 15, 2004) where he denies using any 877 numbers which is
surprising since 877 numbers were in the FCC Order of Forfeiture and we have
plenty of faxes with 877 removal numbers like fdc877removal.pdf
which is answered by "Consumer Source" (aka fax.com; see below).
However, we know that fax.com is very consistent in their headers and
removal numbers. Thus, in this case, we believe that Wilson is, in fact,
telling the truth!
- Kirsch Affidavit (for the DC
- Kirsch declaration of alter egos for use in collections: DeclarationfdcIdentity.pdf
(superceded by Declaration of Identity below)
- Kirsch declaration that Wilson is not just a shareholder of fax.com: DeclarationKirschVWilson.pdf
- Bob Woodall's affidavit of identity that fax.com=Impact and fax.com's
- Documents disproving Terri Breer's ridiculous claims in the Woodall case:
- Declaration of Identity and Authentication: fax.com=Impact and Statement
of Authenticity of the To Do list (fax.com "Master To-do list")
and Who's Calling lists (whosCalling.xls):
- Bill Cohen's affidavit on serving Eric Wilson for Klein's OSC re:
Subpoenaed fax.com removal/response number information
- SuttonCallSource Results
shows a huge number of 800 numbers belonging to fax.com (Data Research
Systems Inc.) supplied by CallSource. Also shows that they lie about their
names when contracting for this. Also shows that Loan Now is a
customer is of fax.com (and lists names of other fax.com customers!)
and fdc800-2.PDF shows 800 numbers belonging
to fax.com (Lighthouse Marketing) supplied by Paetec Communications
- XO removal numbers: Outlook message with fax.com removal numbers that are provided by XO
Communications. See also the original XOResultsLetter.PDF.
shows Vcom Solutions results that "Consumer Source" is really fax.com
shows my junk fax calls are coming from Global Crossing (which is the carrier
used by GCC to send out fax.com's calls)
- Kirsch v. GCC subpoena document
- FCC determined removal numbers:
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
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.