[free-sklyarov] Is it illegal to fax Free Dmitry flyers....

[Rich Bodo]

> I do not speak with any legal authority, but I've been given to understand
> that unsolicited faxing is rather strongly regulated at either state or
> federal level (or both?); the one CA statute I know that once covered it
> is now on shaky ground after having been ruled partially unconstitutional
> (CA BPC 17538.4), but there are probably other laws in place as well. If
> we are to stay safely on legal grounds, we should probably avoid sending
> unsolicited faxes. I don't think there's likely to be much effect other
> than annoyance from sending our propaganda to the USAO, so I would
> strongly advise against this approach.

One class action case on appeal right now awarded several million
dollars to the recipients of fax-spam.  I believe the judge awarded
treble damages (~$1500.00 per fax) against the defendant, Hooters.

Find a clear statement of the purpose of the numbers you would like to
fax.  See if you can find anything that claims the number is appropriate
for complaints, comments, or general communications from
constituents.

Of course, inside knowledge of how communications are filtered by
priority would be ideal.   Someone mentioned telegrams.  I though that
was a pretty good idea.

-Rich

Rich Bodo | rsb at ostel.com | 650-964-4678