Volume II

Issue : 22: November 18, 2004

• European Court of Justice Releases Decisions on Scope of Database Protection
• Idaho Obtains Judgement to Permanently Ban Fax Spammer from State
• UPS and Other Couriers File Suit against Maines Tobacco Sales Law
• Indian Supreme Court Finds Computer Software a Good not a Service
• FCC VoIP Ruling Removes Regulatory Power from the States
• Privacy Commissioner of Canada releases Annual Report
• Dow Jones Settling Internet Defamation Case by Gutnick
• B.C. Privacy Commissioner Releases Report on U.S. PATRIOT Act
• Ontario Judge Awards Significant Damages in Cyber libel Case
• WTO Report Finds U.S. in Breach of GATS over Online Gambling Dispute
• Judge Finds Content from the Internet Archive Website Admissible

Home > Volume II > Issue 22: November 18, 2004 > Idaho Obtains Judgement to Permanently Ban Fax Spammer from State

Idaho Obtains Judgement to Permanently Ban Fax Spammer from State

On November 5th, 2004, the Attorney General of Idaho, Mr. Lawrence Wasden, announced a consent judgment against Fax.com, believed to be the largest volume fax spammer in the United States, was reached in connection with violations of the Idaho Consumer Protection Act and Telephone Solicitations Act.

The Attorney General of Idaho filed a lawsuit against Fax.com in December 2003 alleging that the company sent hundreds of unsolicited fax advertisements to Idaho consumers. The complaint alleged that Fax.com used auto-dialers to locate active fax numbers and than sent unsolicited advertisement to the active fax machines. The consent judgment enjoins Fax.com from sending faxes into Idaho, requires Fax.com to pay the Attorney General's office a $5,000 civil penalty and $2,997 in attorney fees and costs. In addition, the agreement also subjects Fax.com to liquidated damages of up to $5,000 for each unsolicited fax it sends into Idaho in the future.

At least three other states, California, Indiana and Washington, have brought similar actions against Fax.com as has the federal government.

For more information, visit:

http://www2.state.id.us/ag/newsrel/2004/nr_nov052004a.htm

http://www.thelocalbbb.org/alerts/alerts.html?newsid=521&newstype=1