Commercial Law
Jul. 19, 2002
Fax Firm's Attorney Denies Stonewalling AG
LOS ANGELES-The attorney for a fax company accused of failing to remove business and consumer names from its unsolicited fax list denied Wednesday that his clients have been stonewalling the government. He also said a subpoena filed against the company by the state attorney general's office was premature.
The attorney general filed a request Tuesday in Los Angeles Superior Court seeking a court order directing Fax.com to comply with the subpoena and turn over the requested documents, which include records explaining the company's business practices and procedures for removing names and numbers from its distribution lists. Bill Lockyer v. Fax.com Inc. BS077220 (L.A. Super. Ct., filed July 16, 2002).
"The most important thing is that the documents were ready to go and the attorney general decided to go in and make this premature application, which is going to be moot by the time the hearing comes around," Fax.com's attorney David Felsenthal said.
Fax.com was ordered to appear in court Aug. 6 to answer the allegations.
The state alleges that Fax.com sends out unsolicited faxes everyday to a database of 16 million fax numbers. It subpoenaed the documents after receiving complaints from businesses and consumers that the company was not removing their names and phone numbers off Fax.com lists when requested, Nathan Barankin of the attorney general's office said.
Felsenthal said the company complies with state law, which includes providing a toll free number for recipients to call to request that their fax numbers be taken off the distribution list. Names are deleted from the distribution list when consumers request it, he added.
Leslie Simmons
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