Law Office of Sean G. Erenstoft

This firm is handling the majority of the fax-spam litigation on the west-coast. We are incensed by marketers who pass on the cost of their advertising to our clients. We have formatted a lawsuit that has been successful at winning our clients hundreds of thousands of dollars in statutory recovery. For those of you evaluating the lawsuit our firm has filed against you (or your client), read on.

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, restricts the use of the facsimile machine to deliver unsolicited advertisements. Specifically, the TCPA prohibits the use of “any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.” The TCPA applies only to those facsimile messages that constitute “unsolicited advertisements.” The statutory prohibition applies to such advertisements sent both to residential and business facsimile numbers.

Our firm customarily includes allegations of “conspiracy” into the litigation we file against defendants in anticipation that the parties will point fingers at those who sell un-vetted fax lists or those who were hired to actually send the unsolicited faxes. Statutory damages of up to $3,000.00 per fax are available to the plaintiff is such litigation and plaintiff’s attorney’s fees and costs are recoverable through California’s Code of Civil Procedure 1021.5. Early offers to settle are never, never reiterated once litigation proceeds into the discovery phase. Attorney’s fees, costs and statutory amounts are added to claims where the defense prolongs resolution. We challenge anyone to take these matters to jury. Juries are infuriated by fax-spamming.

Fact Sheet:

Fax Advertising: What You Need to Know

Major Fax Advertising Orders and Notices

07/27/06
Consumer & Governmental Affairs Bureau Announces August 1st Effective Date of Amended Facsimile Advertising Rules.
Public Notice: Word | Acrobat

07/21/06
FCC Announces OMB Approval of Revised Information Collections(s) Concerning its Facsimile Advertising Rules.
Public Notice: Word | Acrobat

04/05/06
FCC Amends Rules to Implement Junk Fax Prevention Act of 2005.
Order: Word | Acrobat
News Release (4/5/06): Word | Acrobat

12/09/05
Commission Initiates Proceeding to Implement The Junk Fax Prevention Act; Delays January 9 Effective Date of Prior Written Permission Requirement.
News Release: Word | Acrobat
NPRM: Word | Acrobat

11/22/05
Consumer & Governmental Affairs Bureau Seeks Comment on Petition for Declaratory Ruling Relating to Commission's Jurisdiction Over Interstate Fax Communications.
Public Notice: Word | Acrobat

06/27/05
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991. FCC Delays Effective Date for Rules Concerning Unsolicited Fax Advertisements.
Order: Word | Acrobat
News Release (6/28/05): Word | Acrobat

08/18/03
FCC Extends the Effective Date of Amended Fax Advertising Rules to January 1, 2005.
News Release: Word | Acrobat
Order on Reconsideration: Word | Acrobat

07/03/03
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.
Report & Order: Word | Acrobat
Powell Statement: Word | Acrobat
Abernathy Statement: Word | Acrobat
Copps Statement: Word | Acrobat
Adelstein Statement: Word | Acrobat

09/18/02
Notice of Proposed Rulemaking, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 02-250.
NPRM: Acrobat

04/10/97
Order on Further Reconsideration, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 97-117.

08/07/95
Memorandum Opinion and Order, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 95-310.

10/16/92
Report and Order, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 92-443.
Pages 1 to 25 | Pages 26 to 43

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