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Missouri AG Sues Unsolicited B-to-B Faxers
Nov 22, 2005 6:58 PM
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Missouri attorney general Jay Nixon has filed a series of suits designed to reduce the number of unsolicited faxes firms within his state receive.

“Fax machines are a vital artery of communication for small businesses,” Nixon said in a statement. “These junk faxes tie up those lines and waste the recipient’s paper, toner and time. The result is that the burden of the advertising cost is passed on to a business that’s not even interested in the product.”

The Telephone Consumer Protection Act, a federal law, prohibits sending unsolicited fax ads; violating the federal act or appropriating consumers’ property by shifting the costs of unsolicited advertising is against Missouri consumer protection laws.

Nixon filed his complaints in the home states of each of 13 defendants. He is asking the courts to prohibit the marketers from continuing to violate the law, and to order the defendants to pay penalties of up to $1,000 for each fax sent and reimburse the state for its investigative and legal costs.

The defendants are

Sara Lynn Wang, doing business as American Group, of Richardson, TX, for sending unsolicited faxes advertising real estate services;

VIP Comm, d/b/a Gold Healthcare, of Houston, TX, and owner Mike Ballas for sending unsolicited faxes advertising health care plans;

Vinne Merino, d/b/a City Wide Roofing and Paving of St. Peters, MO, for sending unsolicited faxes advertising roofing services;

Diamond Voice L.L.C., of Cedar Hill, TX, and owner Joel D. Black for sending unsolicited faxes advertising health care plans;

First Choice Health Care of Coronado, CA, and owner Mike Flint for sending unsolicited faxes advertising health care plans;

FLA Enterprises Inc. of Orlando, FL, and president Joel Velazquez for sending unsolicited faxes advertising vacation packages;

Global Business Acquisitions Inc. and owner Johannah Seelig, of Boynton Beach, FL, for sending unsolicited faxes advertising real estate services;

Kancharla Corp. of Huntsville, AL, for sending unsolicited faxes advertising travel vacation packages;

National Business Information Corp. of Duluth, MN, and owner Richard J. McHenry Sr. for sending unsolicited faxes advertising business consulting and analysis;

NITT Enterprise Inc. of Longwood, FL, for sending unsolicited faxes advertising vacation packages;

Progressive Business Publications Inc. d/b/a Progressive Business Compliance of Malvern, PA, for sending unsolicited faxes advertising business consulting and analysis.

Anthony Stokes (a/k/a Anthony Taylor) and Joe Stokes (a/k/a Joe Taylor), both d/b/a Southern Roofing, of St. Louis, for sending unsolicited faxes advertising roofing services.

Stocks-In-Focus Advisory of La Canada, Calif., and Carnegie Marketing Associates of Torrance, Calif., for sending unsolicited faxes.



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