Junk Calls (telemarketing)

Junk Faxes

It is possible for the recipient of a junk fax to bring a private suit against the violator in an appropriate court of their state. Through a private suit, the recipient can either recover the actual monetary loss that resulted from the TCPA violation, or receive $500 in damages for each violation, whichever is greater. The court may triple the damages for each violation if it finds that the defendant acted willingly or knowingly. The FCC and/or the FTC can impose additional civil penalties of up to $11,000.00 per fax transmitted.

www.junkfax.org is the best source for info.

Junk Mail

Stopping junk mail is easy.

You simply file a Prohibitory Order against the mailer. A Prohibitory Order is a legal instrument issued by the United States Postal Service, against a mailer, on request of a recipient. Its effect is to criminalize any further attempt by that particular mailer to contact that particular recipient through the United States Postal Service. In addition, it demands that the mailer delete immediately the names of the particular recipient from all mailing lists owned or controlled by the mailer or his agents or assigns and, further, prohibits the mailer and his agents or assigns from the sale, rental, exchange, or other transaction involving mailing lists bearing the names of the particular recipient. It is requested by filing United States Postal Service Form 1500, either with a local Postmaster, or directly with the Prohibitory Order Processing Center.

History

Historically, the Prohibitory Order was devised as a means of protecting freedom of speech, while recognizing the rights of individual recipients not to receive advertisements they deem to be pornographic or otherwise offensive, and the absolute and unreviewable right of the recipient of a mailpiece to determine whether or not it is offensive.

A prohibitory order against a specific mailer, although the language of the application form implies that explicit sexual content is the only basis for finding a mailpiece offensive, has been extended by case law to allow the recipient to declare any mailpiece obscene, for any reason whatsoever, with no requirement to state the reason(s) for taking offense. The only absolute requirement is that it must be possible to construe the mailpiece as an offer to sell goods or services. Various rulings have upheld the Supreme Court decision that the postal customer's discretion is not subject to review.

For example, in the case of Ritchie Hallanan Real Estate, Ltd. v. United States Postal Service, the appellate ruling upheld findings of fact that a USPS Prohibitory Order “…gives a postal customer unfettered discretion, and the reasonableness of his assertion as to the nature of Petitioner’s advertising is not subject to review. 39 U.S.C. §3008(a); Rowan v. United States Post Office Department, 397 U.S. 728, 737-38 (1970)…”

waragainstspam.txt · Last modified: 2014/05/16 12:35 (external edit)
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