I have recently received UNSOLICITED and UNWANTED junk e-mail from an
individual who appears to be using your site. A copy of that mail is
attached herewith. Junk Mail is now regarded as the same as unwanted
and unsolicited junk faxes and telemarketing calls - all of which are
now ILLEGAL under US federal law:
By US Code Title 47, Sec.227(a)(2)(B), a computer/modem/printer
meets the definition of a telephone fax machine. By Sec.227(b)
(1)(C), it is unlawful to send any unsolicited advertisement to
such equipment, punishable by action to recover actual monetary
loss, or $500, whichever is greater, for EACH violation.
Please ensure this is stopped NOW. You have been put on notice. If you
confirm to me promptly that effective action has been taken against those
persons responsible, I will not take the matter further on this occasion.
If you do not provide me with such confirmation in a timely manner, or if ANY further UNSOLICITED or UNWANTED junk mail should be received from your
site, I will instruct my attorney to issue a writ WITHOUT FURTHER NOTICE,
and the matter will then be pursued under federal law. I will separately
notify your upstream providers as they may also be liable for violations
originating from your site.
Our private e-mail facilities are not an advertising medium. People who use them as such abuse our resources and waste our time, which we feel are valuable. We will not do business with the sender now, nor will we consider other requests from them in the future. Please instruct them to remove this e-mail address from their junk mail list immediately and not contact us again in the future.
The sender's message is in violation of the Federal Telephone Consumer Protection Act of 1991, and Collateral Code of Federal Regulations (47 CFR 64.1200). The TCPA allows a private right of action against the sender of unsolicited advertising. The recipient can sue for $500, or actual damages (whichever is greater).
The above user has been sending unwanted and unsolicited e-mail to this address. I would like to request that you instruct this person to delete our e-mail address from his or her junk-mail list immediately, and to never contact us again for any reason. Clearly this is someone who has no idea of how to behave on the Internet -- we want nothing to do with them. Our private e-mail facilities are not an advertising medium. People who use them as such abuse our resources and waste our time.
