Just The Junk Fax
Yes, this is a real letter, which I just faxed to the junk faxers at TheToner.com, who used MY fax ink and paper to try to sell me their crap. Bad idea!
To whom it may concern at TheToner.com:I just moments ago sent you an invoice for $100, for the junk fax you sent me, without my permission, to my fax number 555-555-5555. After reviewing junkfax.org, I realize that you owe me $1500. I would be willing to settle for $1000. Consider this your invoice, and pay that amount immediately. Iím engaged in a settlement process now with the US Mint for sending me three junk faxes, and I would be more than happy to take you to court, as I was going to do with the US Mint before one of their senior attorneys called me and told me they would settle, and sent me a form to collect from them for that purpose. Please have your attorney contact me this week to let me know when I can expect a check.
Not to sound like Lionel Hutz here but, in case you haven't heard, there's a really sensible law, the Telephone Consumer Protection Act, that's designed to discourage junk faxes. Recipients of junk faxes can get $500 per violation, trebled for willful violations, plus (I think) costs and attorney fees. So your settlement demand was a tad on the low side.
Anyway, if you are seriously annoyed with these companies that sent you junk faxes, you could easily go to your local small claims court and sue them pro se (see, this isn't a solicitation). The TCPA is basically strict liability--if the faxer didn't get your permission to contact you, they are liable.
Pretty cool law, huh? I just found out about the TCPA a couple of months ago and, momentarily, my faith in Congress' good sense was restored. Unfortunately, the TCPA has been kind of a bonanza for class action lawyers, who have been using it to blackmail (and, in some cases, bankrupt) businesses, but that's another story...
Jeff at September 13, 2003 11:03 AM
so...I just got a fax from thetoner.com....did you collect? How did you find them?? -John
John at September 24, 2003 1:25 PM
These losers are in the back of a pizza parlor in Hammond, Indiana. Here's their contact info:
Toner Munster
7322 Calumet Ave
HAMMOND, IN 46324
319-937-9440
The internet domain is registered to a Mark Woodward. Bob Dilotta is supposed to be the manager.
Complain to abuse@verio.net that these losers are using their domain in the furtherance of violating the law. Complain to the Indiana Attorney General's office, and then to the junk fax comlaint site at www.fcc.gov. This will put the heat on them several ways, besides the personal complaint letter requesting settlement.
David Medin at September 26, 2003 8:27 AM
I forgot to mention, junkfax.org has a good sample demand letter to send to the losers for pre-suit collection, and also goes over the process for collection. The FCC complain process is also given there. The FCC process cannot be neglected--it is very important in getting rid of this scum.
David Medin at September 26, 2003 8:34 AM
BTW, Bob Dilotta appears to be a ruse. The office manager would not give his name. I'm getting the actual business agent or attorney for these jokers, which is where the letter needs to go to collect. I'll post more info when I get it. Let's put these parasites out of business for their junk faxing habits.
David Medin at September 26, 2003 6:27 PM
Yet another followup... thetoner.com AKA Toner Munster is run by a sole priorietor, Mark Woodward, not "Bob Dilotta". Any demand letter you send him, to have any force of law, must be sent registered mail. He may refuse it, but either accepting it or refusing it puts him on notice about your complaint, which is necessary before a lawsuit is filed (you need a complaint first). I'm conversing with a couple of people who have judgments against him now. These parasites also appear to be using FAX.COM as their blaster, who is getting sued for 2.2 trillion (no joke) for junk faxing. It is generally better to sue the clients, though. I'll keep this group up-to-date on the suit or judgment.
David Medin at September 27, 2003 9:34 PM
I am in the beginning of a large project of dealing with the junk faxes which have landed in our offices. I have two from thetoner.com, I really appreciate your information. I am having immense difficulty in dealing with some of the faxes which use answering services who wont give an address for the attorney in our office to send them a letter. Any ideas? Your help would be greatly appreciated. These guys are total losers. I'm looking forward to stopping them.
Alex at October 2, 2003 11:22 AM
do not send me no more junk to my fax
machine
wanda at October 22, 2003 2:39 PM