Attorney General's News Release

November 21, 2005

Nixon goes after 13 companies for sending junk faxes to Missouri businesses; cites violation of state, federal laws

A sample of unsolicited faxes sent to businesses.

Jefferson City, Mo. — Unsolicited ads for everything from insider stock tips to Florida vacations clog the fax machines of Missouri businesses. Attorney General Jay Nixon today took legal action to stop the flow of these “junk faxes” from 13 companies across the country.

“Fax machines are a vital artery of communication for small businesses,” Nixon said. “These junk faxes tie up those lines and waste the recipient's paper, toner and time. The result is that the burden of the advertising cost is passed on to a business that's not even interested in the product.”

The lawsuits against the13 companies allege the defendants sent the unsolicited fax advertisements in violation of both federal and state laws. The federal Telephone Consumer Protection Act prohibits sending unsolicited fax ads; under Missouri consumer protection laws, it is an unfair practice to violate the federal act or to appropriate consumers' property by shifting the costs of unsolicited advertising.

Each company sued had multiple complaints filed against it, including one company named in 50 complaints. In many cases, businesses continued to receive faxes after instructing the senders to stop.

“If you have a fax machine, it's almost impossible to avoid an unrelenting stream of junk faxes that peddle everything from vacations to health insurance plans to roofing services,” Nixon said. “When you are awaiting an important fax such as a contract or a bid, it goes beyond aggravating to see your machine tied up with ads for $99 trips to Orlando.”

Nixon is asking the courts to prohibit the blast faxers from continued violations of the law, and order the defendants to pay penalties of up to $1,000 for each fax sent and reimburse the state for its investigative and legal costs. The defendants are:

• Sara Lynn Wang, doing business as American Group, of Richardson, Texas, for sending unsolicited faxes advertising real estate services. The lawsuit was filed in Boone County Circuit Court.
• VIP Comm, d/b/a Gold Healthcare, of Houston, Texas, and owner Mike Ballas for sending unsolicited faxes advertising health care plans. The lawsuit was filed in Pike County Circuit Court.
• Vinne Merino, d/b/a City Wide Roofing and Paving of St. Peters, Mo., for sending unsolicited faxes advertising roofing services. The lawsuit was filed in St. Charles County Circuit Court.
• Diamond Voice L.L.C., of Cedar Hill, Texas, and owner Joel D. Black for sending unsolicited faxes advertising health care plans. The lawsuit was filed in Cape Girardeau County Circuit Court.
• First Choice Health Care of Coronado, Calif., and owner Mike Flint for sending unsolicited faxes advertising health care plans. The lawsuit was filed in Marion County Circuit Court.
• FLA Enterprises Inc. of Orlando, Fla., and president Joel Velazquez for sending unsolicited faxes advertising vacation packages. The lawsuit was filed in Adair County Circuit Court.
• Global Business Acquisitions Inc. and owner Johannah Seelig, of Boynton Beach, Fla., for sending unsolicited faxes advertising real estate services. The lawsuit was filed in Franklin County Circuit Court.
• Kancharla Corp. of Huntsville, Ala., for sending unsolicited faxes advertising travel vacation packages. The lawsuit was filed in Texas County Circuit Court.
• National Business Information Corp. of Duluth, Minn., and owner Richard J. McHenry Sr. for sending unsolicited faxes advertising business consulting and analysis. The lawsuit was filed in Cape Girardeau County Circuit Court.
• NITT Enterprise Inc. of Longwood, Fla., for sending unsolicited faxes advertising vacation packages. The lawsuit was filed in Polk County Circuit Court.
• Progressive Business Publications Inc. d/b/a Progressive Business Compliance of Malvern, Pa., for sending unsolicited faxes advertising business consulting and analysis. The lawsuit was filed in Lawrence County Circuit Court.
• Anthony Stokes (a/k/a Anthony Taylor)and Joe Stokes (a/k/a Joe Taylor), both d/b/a Southern Roofing, of St. Louis, for sending unsolicited faxes advertising roofing services. The lawsuit was filed in St. Louis County Circuit Court.
• Stocks-In-Focus Advisory of La Canada, Calif., and Carnegie Marketing Associates of Torrance, Calif., for sending unsolicited faxes advertising stock tips. The lawsuit was filed in Saline County Circuit Court.

Unsolicited faxes was the fourth-highest category of complaints received by the Attorney General's Consumer Protection Division in 2004, with 1,148 complaints. To date in 2005, Nixon's office has received more than 1,200 complaints. Nixon says he supports a change in state law to allow Missourians to register their fax numbers on the state's No Call list. Nixon will ask state lawmakers in 2006 to allow fax numbers and cell phone numbers on the No Call list.

Missouri consumers who receive unsolicited faxes should file a complaint with Nixon's Consumer Protection Division by calling 1-800-392-8222 or completing and mailing in a complaint form.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818