UNSOLICITED EMAIL IS A NUISSANCE & ILLEGAL You may have noticed about a thousand companies who claim to be able to "market' your product by sending MILLIONS of email messages to people on the web. ARCIVE opposes illegal form of advertisement and will help prosecute any company that misrepresents themselves. In March of 1998, a company out of Bakersfield, California used our company email as the recipient of their bulk email complaints. The FBI was notified within 30 minutes and the company was sited for a FEDERAL OFFENSE. The result of doing a bulk email ( also referred to as "spam" ) will be worthless responses, legal problems and serious customer complaints. We suggest you use the many legal methods of marketing your product.
Sec.227(b)(1)(C) of the U.S. Code, as follows:
US Code Title 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"
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."
Under this definition, an e-mail account, modem, computer and printer together constitute a fax machine.
The rights of action are as follows. 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." Please direct all
solicitations to this address...
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