Legal Question in Telecomm Law in California

Suing John Doe for Junk Fax

I am looking at suing a Junk Fax send in Small Claims coure.

How do I do the claim to a--name removed--Doe so I can subpoena the information I need from the phone company? Then I need to update the case with the Name and Address I found to be correct.

Also, how do I sue them more than twice? Can I just keep each case under $2500? Do I need case law to show that the Junk Fax sould not be suject to the two suite law?


Asked on 10/31/05, 12:31 am

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Suing John Doe for Junk Fax

unfortunately, to SUCCESSFULLY sue on a "junk fax" claim(s), it is not as simple as it may seem at face value. there are very specific codes and standing criteria you need to meet legally first. numerous websites tend to over-simplify the process, but if done correctly, you can prevail on one or several of your claims. as far as your facts go, you would need to trace/track the actual spammer at issue on your own, without the direct assistance of the phone company records. however, this can be done fairly easily if you know what you are looking for per se. as far as the law goes, you are entitled to recovery on each and EVERY "junk fax" claim that meets specific criteria, up to $500 per VIOLATION in liquidated damages, if no actual damages can be proven. as far as the number of different suits you can bring in small claims court goes, you are limited to only two claims OVER $2500 in any given calendar year. however, you may file an UNLIMITED number of claims that do NOT exceed $2500 any given calendar year, although the filing fees will go up to $60+ rather than $22 each AFTER the 12th claim filed. so, we stronly recommend that you consult with an experienced attorney or law firm in analyzing and preparing your claim(s) for small claims court, especially since there are DEFINITE strategies you need to employ to increase the likelihood of your success, especially since ALOT of small claims judges or PRO TEMS are unfamiliar with this area of the law and may be inclined to dismiss the case or send it to a higher jurisdiction if everything is not laid out "perfectly" for them in your paperwork and/or arguments in court, even if the other party does not even show up. this is your biggest risk. so, if you would like further assistance in this matter, contact us today, as we have successfully prevailed in NUMEROUS junk fax/spam email cases to date, and have over 600 claims we are actively working on as well. hope this has helped, and best wishes whichever route you take from here.

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Answered on 10/31/05, 4:30 am

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