Message-ID: <33AB3F35.A95E3FE6@cts.com>

Date: Fri, 20 Jun 1997 19:40:54 -0700

From: Larry Randall

To: Pr.Bruxelles@agora.stm.it

Subject: Re: < TRANSNATIONAL #13 >

Who are you and why are you sending this to me? Take me off your list.

Here's the legalese. Under USC 47 Sec.227(b)(1)(C):

"It shall be unlawful for any person within the United States to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine"

where a "telephone facsimile machine" is defined in Sec.227(a)(2)(B) as:

"equipment which has the capacity to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper."

Note that under this definition, your e-mail account, modem, computer and printer constitute a fax machine.

And now, the payoff. Under Sec.227(b)(3)(B):

"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 State - (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation, (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."

************ Larry Randall ****************

If it works

Don't fix it!

************ lrand@cts.com ****************