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Demand letter

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Rick

Guest
I operate a small mail order business in Texas selling a very specialized product to a very specific market. I advertise my product in national trade publications for this industry. I have received a demand letter from an attorney claiming I faxed his client (also an attorney) an unsolicited advertisement for my product. For proof, he provided a copy of my magazine ad and claims it was faxed to his client. He states my action violates 47 USC 227, the Telephone Consumer Protection Act, and I must pay x number of dollars. I did not fax his client anything and furthermore, I've never sent anyone an unsolicited fax. I called his office thinking I could easily clear this up... wrong. He informed me that even if I did not send the fax, it was my ad and order form... so as far as the law was concerned, I was responsible and he would easily be able to convince a jury of that. I can't believe that, but I'm posting this to get other opinions. I was thinking this must be a scam, but I do find this gentleman listed under attorneys in an internet YP search. I am planning to write him a letter, politely state I did not fax his client and that I consider this matter closed.
Thank you in advance for any advice you have to offer.
 


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Alice A

Guest
There are some people out there who make a living of going after people who violate the law, and unsolicited faxes do violate the law. (IMHO the bad faxers and the intentional trappers both belong in the same chamber of Hell.)

It would not surprise me if there also were some lawyers and firms who "help things along" by falsifying evidence to give them the basis for a claim suit. If you authorized the faxing you would be liable. If not tell them to FO. She has to prove that in court, and if she gets jurisdiction, you would have to defend. Your insurance policy MAY cover the defense, if you report it.

Also, contact the state's better business bureau, its chamber of commerce, and the state bar to fnd out if this lawyer is real and reputable or a dirtbag.
 

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