I won my first junk fax case!


Categories: Spam

Today, in court, we reached a settlement in my case against Mobile Cellular Unlimited, who sent me 7 unsolicited faxes in 2002. So far as I’m concerned, we won. They have agreed to a court order prohibiting them from sending illegal unsolicited faxes; if the laws ever change, they can fax again, but right now, they can’t. They are paying me some money. The amount of money is confidential, so I can’t discuss it.

So far as I’m concerned, that’s a win. It’s an agreed settlement, not a judgment, but it ends up working out the same way from a legal standpoint; the agreement not to send any more illegal unsolicited faxes is legally binding, and if they backslide, they will be in for a world of legal pain.

As a result of the settlement, the court really didn’t have to rule on the issues of fact or law. That’s no big deal; there’s plenty of case law about junk faxes, and the courts have spoken pretty much unanimously on the issue. The important point is that there will be a nice piece of paper stating, unambiguously, that Mobile Cellular Unlimited is forever enjoined from sending, or causing to be sent, illegal unsolicited faxes.

That’s a win. For all of us.

The only loser in today’s case was my attorney, whose box of wintergreen Altoids ended up in my pocket, rather than his, when we left the courthouse. I cannot disclose whether or not his share of the settlement will cover this expense, or for that matter whether or not it will buy him a new car.

(previous article about junk fax suits)

Comments [archived]

From: meatwad
Date: 2003-07-29 20:25:48 -0500

You’re just some guy who thinks he won the lottery!

From: meatwad
Date: 2003-08-04 22:40:45 -0500

I am now so angry I will yell at your lawyer some more.