My 10/5/04 junk fax and UDAP Arizona Superior Court complaint
This is a REPOST of my 10/6/04 posting at the credit suit blog:
Yesterday I filed my junk fax and unfair and deceptive practices suit in Mohave County Superior Court in Kingman, Arizona. I could not have filed this suit without the tremendous resources at http://www.junkfax.org/ and I’m looking forward to do a lot more reading there.
The filing fee was $205 and fortunately the summons are free, I had a stack a couple inches high (2 pages ea., paperclipped)
While the clerks were working on issuing the summons, I asked whether they also receive junk faxes at the court. Hardly ever, one of them replied. The other clerk said she gets lots of advertisements at home. So how does THAT happen?
Is there a way to scrub the fax # lists for court, police, etc. numbers?
I believe the Arizona rules allow me to include Requests for Production, Admissions and Interrogatories with the summons and then the defendants have 40 days to respond. I can also serve out-of-state defendants by certified mail, restricted delivery.
Initially I’ll focus on the individual advertisers with emphasis on:
1) Health care scams
I’m one of the 40 million uninsured (as per one junk faxer) and looking for insurance.
I started posting about Health One, Inc. - Nationwide Benefits Association. I have hours of recorded calls, it’ll take some time to put the highlights on the web.
Preying on the uninsured is apparently the latest billion dollar scam as evidenced by the many “health plan” (NOT insurance) junk faxes.
2) Mortgage cream skimming
I used to be a California real estate broker and had my own mortgage brokerage until the mid 90s. That’s why I’m quite familiar with advertising and mortgage broker regulations at the time.
You may have read my Ameriquest documentary at Fight Back!!! and the 9/10/04 press release: Consumer Sues Ameriquest Mortgage Company for Spamming, False Promises, Misrepresentation and Incompetence.
My legal skills may suck, but I’m sure that this release cost Ameriquest many loans.
You can also read here at the blog about my dealings last week with fax spammer Mortgage Center in Phoenix and that I filed my complaint with the AZ Department of Banking because they didn’t have a license.
If the California DRE doesn’t do anything about junk faxer “Mortgage Services” (fax.com), I’ll ask Arnie to terminate them.
I can see some interesting press releases coming up.
3) Stock spam
It’s beyond me how the SEC can allow the advertisement of stocks to be misrepresented as investment advice. Maybe they’re exempt from regulation, I’ll have to find out. It is fascinating to research these various penny stock companies, at least one of my defendants doesn’t even have an active corporation. They’re easy to check out because they usually have a website with the corporate info and I named their CEOs whenever possible.
Access Sales - Fax.com
I’d like to put them out of business PERMANENTLY. Access Sales is now incorporated in Nevada and while I have at least 50 faxes from the fax.com 312-264-4490, they’ll most likely be served last. There’s a lot of research I need to do before I get started with them.
I’m going to contact all the defendants I located so far and see if they want to settle.
If not, they’ll get their own topic at the Fight Back!!! Forum and even if I can’t collect, I’ll share whatever info I find, file the appropriate regulatory complaints and sooner or later they’ll be put out of business. That’s the beauty of the web, all I have to do is put up the info and other interested people will find it.
Companies engaging in junk faxing are usually scammers and I don’t just want to get my statutory damages for the faxes, I’d like them to change their business practices or put them out of business.
My preliminary list of defendants from the complaint:
Access Sales Inc. aka Fax.com, Kevin Katz, Eric Wilson, Wellstone Filters, Inc., Learned J. Hand, Stock Market Review, Blue Jay Inc., Neil S. Luxenberg, Stratford Health Care Association, Equal Access Health, NationWide Benefits, leads_2_health, Health One USA, Med One, Virtual Media Systems, Mortgage Center, JLH Wholesalers Inc., CreditPro Inc., American Entertainment Distributors Inc., James MacArthur, JeffCo Marketing Group, Gateway International Holdings, Inc., Lawrence Consalvi, Travelcomm, Absolute Health & Fitness Inc., Randall Rohm, MicroCap, CSA, Poseidis Inc., Louis Pardau Dit Pardo, Wall Street Trading Topics, Alliance Healthcare, shareyourexperiences.com, John Torrey, Artec Inc., Ronald Shinn, Gerry Knight, Does 1 - 50.
JLH Wholesalers Inc. and CreditPro Inc. didn’t send a fax, but posted their illegal credit repair and “guaranteed loan” scam at the Fight Back!!! Forum - talk about a LOT of nerve!
Shareyourexperiences.com and John Torrey also didn’t fax, but they’re really annoying me with their idiotic e-mails. There used to be another site doing the exact same thing and I have not done any research on this at all. I suspect shareyourexperiences.com will disappear soon, but I just had to name them.
The complaint is posted at CreditCourt - The 10/5/04 complaint
For some of my research and to ask any questions please check the Fight Back!!! Forum: Fax and e-mail SPAM suits
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