How To Get Even
How to get them to stop and/or get even
If you just want to stop the junk fax calls, see How to stop junk faxes for the two secret phone numbers to call to stop your junk faxes.
Or, if you want to invest a lot more time and do some work on your own to determine who is sending you the junk so you can tell them to stop, please see: How to identify the fax sender and get them to stop
We recommend that you always save your junk faxes that you do receive. You can analyze them later to determine the sender and then call to stop those calls as well.
If you want to take action against the senders, your decision on whether to take action yourself or not depends on these factors:
- Can you find out who your faxes are from? You can sue both the advertiser and the fax broadcaster.
- How easy will it be to win? This depends on how much of fight your defendant puts up as well as how good the judges are in your area.
- When you win, how easy will it be to collect? This will depend on whether the businesses are honest or dishonest; must companies who send junk faxes are in the latter category since honest companies don't break the law. And if they break the law on this, they are going to break the law in your collection attempts too.
- How much time do you want to spend on this? It's going to be more than you think if you do it yourself.
Here's a checklist of things you can do:
Save all your junk faxes. The more faxes you have, the more "leverage" you'll have in anything you might do in the future where it is to sue directly or join a lawsuit. NEVER throw away your junk faxes. NEVER. For example, if you join a suit that goes after a fax broadcaster or common carrier, you may find hundreds of faxes worth $2,500 each. At a minimum, the more faxes you have from a given defendant, the more leverage you will have in having your lawyer contacting them threatening to sue.
Sort the faxes by the "response" number. Find the biggest pile. If you have more than 10 faxes from the same response number, call the response number to find out who the company really is and where they are located. You'll have to make them believe you are a real customer before they'll tell you where they are located. Then, contact one of the Junk fax attorneys who are located in the state where your sender is located. The reason for that is because that way, you can use the same attorney for collections (which is most easily handled in the state of the sender) as for the case itself (which can be brought either where you got the fax or where the sender is located).
See The two secret phone numbers to call to stop most of your junk faxes. If you enter your contact information on this page, we'll
1) tell you the two phone numbers you can call to stop 80% of your junk faxes and
2) keep you updated so that if we discover new numbers that you can call to stop even more junk faxes, we'll let you know via email.
Find out who is sending you this by visiting: How to identify the fax broadcaster. It's usually more time effective to go after the fax broadcaster since you can recover more $ per time invested than going after each fax individually.
If you want to help put them out of business, and don't mind getting about 1 email a month notifying you of "opportunities to help", then please join one of these groups:
- If you reside in California: junkfaxCA
- If you reside outside California: Yahoo! Groups junkfax
These are "moderator announcement only" groups so there is no spam and only about 1 message a month. Be sure to set notification options to Individual Emails (otherwise, you'll never get anything).
The announcements will be opportunities for you to help out "I'm suing XXX. If you have faxes that look like the ones on this webpage, you can assign your claim to me and I will use that to help shut them down."
If you are really "into it" and want to exchange stories with other people, you can:
- Join the Yahoo group: junkfaxDiscussion.
Note that unlike the groups in Step #2, this is an "open forum" for swapping information about the perpetrators. It is not moderated, so you'd want to set your notification preferences as you see fit.
If you want to take matters into your own hands and don't mind spending a bunch of hours to do that, you can sue in small claims court. I can tell you that small claims works. For example, I got 16 faxes from First Chartered Investments and after a 15 minute hearing, walked out with 16 judgments for $2,500 each, a total of over $40,000 (see Media: FirstChartered.pdf/FirstChartered.pdf). Here's how to do it:
How to get $2,500 per junk fax in small claims court
How to get $2,500 per junk fax (California only) How to sue people (general legal tips) How to sue in small claims court Lawsuit tips and tidbits Collection tips and tidbits