TELECOM Digest OnLine - Sorted: Re: Fax Station ID

Re: Fax Station ID

Robert Bonomi (bonomi@host122.r-bonomi.com)
Sat, 02 Apr 2005 09:48:07 -0000

In article <telecom24.141.10@telecom-digest.org>, T. Sean Weintz
<strap@hanh-ct.org> wrote:

> Robert Bonomi wrote:

>> Sorry, John, but you are *wrong*.

>> You, "the person" sending the fax are *still* required to place the
>> identification information at the top/bottom of every page, or on the
>> first page.

>> You are correct that _equipment_ manufactured before 20 Dec 1992 does
>> not have to do this 'automatically', HOWEVER, just because you are
>> using such equipment you are _not_ exempt from the requirement of 47
>> USC 227 (d) (1).

> So when FAX.COM sends me junk faxes and they put MY OWN PHONE NUMBER
> in as the header on the fax, and also send MY OWN NUMBER as the CLID
> info (from what is likely a PRI they are using to war dial fax
> numbers), they are at least DOUBLY breaking the law, huh?

Yuppers. *YOU* can take them to court for violation of 47 USC 227, and
clearly show 'wilful and deliberate' non-compliance. The mere violation
entitles you to 'statutory damages' of $500 per fax. The 'wilful...' part
entitles you to _triple_ that amount, per fax.

Faking the Caller-ID, runs afoul of FTC 'telemarketing rules', +and+
similar FCC rules. The govt. has to go after them on that, but it is
$11,000 in fines for *each* instance.

Note: What you're getting isn't from "FAX.COM" any more. The feds
_did_ sue them out of existence. The perps behind that operation,
_didn't_ "learn from the experience", however, and _despite_ being
named *personally* in the court orders, have set up a new network of
sham corporations to continue their abusive ways.

The "wheels of justice" are grinding slowly, but when the hammer
falls, there _will_ be prison time involved. The Feds do _not_ take
it lightly when somebody *deliberately* sets out to violate their
orders.

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