Date: Mon, 8 Apr 1996 07:42:41 EDT
From: Robin Garr 76702.764[AT SYMBOL GOES HERE]COMPUSERVE.COM
Subject: Re: Interesting Free Off
Jeff Martin asks, "Enough already! Today we all received the second posting
in as many days touting a wonderful magazine subscription service. ... Anyone
out there know how we can put a stop to this?"
I have sent Mr. Chen the following message. Feel free to borrow it. :-) (Yes,
I know it won't work if he's using a fraudulent address, but it still makes
me feel better ... )
----------- NOTICE REGARDING UNSOLICITED E-MAIL ----------
*** PLEASE REMOVE MY PERSONAL E-MAIL ADDRESS FROM YOUR MAILING LIST ***
IF YOUR MESSAGE WAS INTENDED AS ADVERTISING, IT MAY BE IN VIOLATION OF
FEDERAL LAW [Telephone Consumer Protection Act of 1991, and Collateral Code
of Federal Regulations (47 CFR 64.1200)].
The Telephone Consumer Protection Act of 1991 (TCPA), and collateral Code
of Federal Regulations (47 CFR 64.1200) define an unsolicited advertisement
sent via FAX as the equivalent same sent by E-Mail. To wit:
If your computer has
* a modem connected to a regular telephone line, and
* a printer connected to that computer,
unsolicited advertising sent via e-mail to that equipment is considered
(by definition of law) as sent to a FAX. The TCPA allows a private right
of action against the sender of such unsolicted advertising. The
recipient can sue for $500, or actual damages (whichever is greater).