I have received 3 unwanted, unsolicited, commercial faxes from Accurate American Mortgage. I received 2 on 1-4-2000, and 1 on 1-5-2000. When I called to tell them to stop, I was met with a very rude and argumentative receptionist. I told her it was illegal to fax people without their permission. She said it was not illegal in Arizona. I then drafted a letter and faxed it to the company. I was contacted later in the day and they only had records of faxing me 1 time on 1-5-2000. Their records are incorrect, plus the fact that they faxed me at 7:12:48 am. That is before the 8am rule for Telemarketers- which they fall under. I was told by Kevin Meyers that is was ok to fax people once, and also as long as you give them an option to be taken off the list. Not according to USC 47, Sec. 227. By this Federal Law, they now owe me $1500 for 3 faxes. I informed them of this Federal Statute, and the Kevin Meyers got back with me later and admitted he was wrong, and thanked me, and said he would not be faxing again. It still does not make it right, and they still owe me $1500. The Federal Statute allows $500 per fax. I have made complaints to the Better Business Bureau, Federal Communications Commission, Federal Trade Commission, and the Arizona Banking Department.
47 USC Sec. 227
It shall be unlawful for any person within the United States -
(C) to use any telephone facsimile machine, computer, or
other device to send an unsolicited advertisement to a
telephone facsimile machine;...
(3) Private right of action
A person or entity may, if otherwise permitted by the laws or
rules of court of a State, bring in an appropriate court of that
(A) an action based on a violation of this subsection or the
regulations prescribed under this subsection to enjoin such
(B) an action to recover for actual monetary loss from such a
violation, or to receive $500 in damages for each such
violation, whichever is greater, or
(C) both such actions.
If the court finds that the defendant willfully or knowingly
violated this subsection or the regulations prescribed under this
subsection, the court may, in its discretion, increase the amount
of the award to an amount equal to not more than 3 times the
amount available under subparagraph (B) of this paragraph.
Accurate American Mortgage is also on the web at: http://www.mtg911.com/
Its unbelievable to me that someone would start a Marketing campaign and not even do any research into the legalities. They are most likely going to be fined now.
Carla Ackley[email protected]