TELEMARKETER, SPAM & JUNK FAX LITIGATION


COMPANIES AND/OR INDIVIDUALS WHO SEND UNSOLICITED COMMERCIAL ADVERTISEMENTS MARKETING PRODUCTS OR SERVICES TO YOU VIA YOUR FAX MACHINE ARE BREAKING THE LAW.

STOP!!  You do not have to be a printing press for someone else's advertising —Anymore! 

DID YOU KNOW THAT YOU ARE ENTITLED BY LAW TO RECOVER UP TO $1,500.00 PER UNSOLICITED FAX ADVERTISEMENT?  Most people do not know that federal law compensates you for each illegal fax advertisement you receive.  The United States Federal Telephone Consumer Protection Act, 47 U.S.C. 227 “TCPA” compensates you in the form of statutory damages up to $1,500.00 per fax helping you to recover losses incurred such as:

          1.   Toner;

          2.   Paper;

          3.   Lost staff time processing each fax received;

          4.   Lost use of your phone line during transmission;

          5.   Lost use of your fax machine during transmission;

          6.   Continued interruption of your business activities during transmission, and

          7.   Regaining your right to privacy, among other things.

IT’S SIMPLE: IN ORDER TO RECOVER UNDER THE TCPA, ALL THE FOLLOWING MUST BE TRUE:

          1.   You did not expressly ask for each fax at issue to be sent to you, and you did not otherwise give
                 permission to the sender of the fax to send the offending fax to you.

          2.   You did not have a prior or established business relationship "EBR" with the sender of the fax before
                 the receipt of  the offending fax. Please call the Law Office the discuss the current definition of an "EBR".

          3.   The offending fax must be an advertisement selling or offering the availability of either goods or services,    

                 or one leading to the sale of goods or services.

SOME FAXES WILL NOT QUALIFY FOR RECOVERY. There are a multitude of problems that may eliminate a particular offending Defendant, but the Law Office of James M. Thomas, Esq. PA has the expertise and the necessary research tools in place to evaluate each fax you have received and quickly make a determination as to the viability of each particular Defendant. Please be aware that in spite of our extensive research on viability, a case may still not result in a recovery for you.  However, we will always work hard to seek and recover all available measures of damages coupled with attorney’s fees and costs. 

HERE IS THE BEST PART. If the Law Office of James M. Thomas, Esq. PA does not win your TCPA case, we will not charge you an attorney fee. The law firm represents a spectrum of clients in this type of case from corporations trading on the New York Stock Exchange to small family owned businesses, business professionals, and just regular people. All of our TCPA clients have one thing in common—they are tired of receiving unsolicited advertisements by fax.   Please click the link below and provide us with your contact information, and we will contact you ASAP to discuss your personal situation.

Click here to listen to a recent radio interview done by Jack Harris and company on News Radio 970 WFLA on October 31, 2006.

Click here to read a recent St. Petersburg Times article (1/15/2006) written by Times Personal Finance Editor, Helen Huntley who used Mr. Thomas's knowledge of fax blasting claims in her column..

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