Got $1,600 for one fax without going to court
Email received on July 15, 2005
In August of 2004, I received two 2-page unsolicited junk faxes from Alliance Funding Group, a business machinery leasing company in Anaheim, CA. I sent them a certified demand letter which explained about the TCPA and their minimum $2000 ($500 per page) liability. Additionally, since the faxes were sent "willfully and knowingly", being specifically addressed to me, my company, and my fax number, this made them liable for up to three times that amount (but limited to California's Small Claims $5000 cap). I demanded a very reasonable $1600 remedy ($400 per violation) to dismiss the case. They attempted to get off cheap by sending me a check for $200 total remedy, but I sent it back, as I never agreed to this settlement, along with a "last chance" letter, which they ignored. I filed the suit, and they were served. Their agent for service is their attorney, so it is clear that the TCPA law was reviewed, and it was likely advised that it would be more economical to meet my demand. Before the case went to trial, they agreed to settle for the initially demanded $1600. It made them particularly angry that I dictated the terms and method of payment, as I would only agree to a U.S. Post Office Money Order(s), but who wanted to risk a bad company check, or a wire transfer. Yes, they actually wanted to do a wire transfer, as if I would actually give the slimeballs my bank account number! In this case, the Law was sufficient to get me $1600 without ever having to go into the courtroom.
Your site was extremely helpful. Thanks a million.
Mark Buchler Simi Valley, CA