Junk Fax Cases
Meyer v. Bixenholtz Construction
On appeal in New Jersey, the court held each fax is a separate violation.
July 13 (Rancho Cucamonga): Gene Carmean Gene4@aol.com won $5,000 for 2 faxes against Wilson
Wilson did not show.
July 23 (Salinas): David Korpi firstname.lastname@example.org won $2500 for one fax against Wilson
Wilson did not show. Korpi said all the documents helped. Wilson did not show up.
July 15 (Palo Alto): Mark Klein email@example.com won $2,500 for one fax against Wilson
On July 15, 2004, Mark Klein won a default judgment of $2,500 on a single fax in Palo Alto small claims. Eric Wilson did not show up. Because Klein can prove he was served (since Wilson filed a countersuit against him), Wilson can't file a motion to vacate (he could but he'd lose it). And because Wilson didn't show, he can't even file an appeal! Mark Klein can then repeat this process with every fax.com fax he gets.
Kirsch 15 small claims cases in California status (updated June 23, 2004)
All of the junk fax "stars" came out on June 21 at 1pm in Palo Alto to attend Steve Kirsch's 15 small claims suits against them. All the fax.com boys showed up: Katz, Wilson, Roth, Dupree, Martin, Frappier, and Michael Franklin, CEO of GCCC; with attorneys Terri Breer (for fax.com) and Keith Johnson (for GCC) in tow. The judge listened to some arguments for 20 minutes. Defendants argued that Kirsch already had a class action filed that named 10,000 unnamed DOE Defendants and that they were included in the DOEs and thus had already been sued. Kirsch argued that the cases are separate. Kirsch filed two document with the court in response. .We wait to hear what the judge will rule. Stay tuned for details.
Kirsch $2.2 trillion class action
Lawsuit was filed on August 22, 2002. It is now two years later and NOTHING has happened. The case hasn't even been heard yet by a judge. Right before our case was scheduled to be heard, fax.com filed a coordination motion on December 1, 2003 so that every single TCPA-related case (fax.com-related or not!) would be heard by one judge. It was assigned to Judge Charles W. McCoy in Los Angeles on May 6, 2004. Nothing has happened since the assignment. The preliminary injunction we sought on January 20, 2004 also has not been heard.
For More Info:
Note that the Company column often has a hyperlink to junk fax related information about the company.
[table in progress]
|Company Sued||State Filed||Type||Plaintiff||Attorney||Notes|
|fax.com, cox||CA||class action||Steve Kirsch|| Barry Himmelstein
+1 (415) 956-1000
|Initial filing in June in state and federal courts|
Other junk fax information/contemplated actions
|Market New Alertfirstname.lastname@example.org|| I have 24 faxes from MNA from the past few months, but I have been a victim for years. |
I've sent the faxes to Spradling's new attorney, but now he doesn't take my calls anymore.
Has anyone gotten money from Spradling?