Ben Livingston
Innovative Access, Inc.
7744 29th Ave. NW
Seattle, WA 98117

My name is Ben Livingston. I am vice president of Innovative Access, a small internet service provider located in the Ballard neighborhood of Seattle. Innovative Access is seeking $500 in damages from E-Financial Inc.com, a Nevada corporation, for one violation of Title 47, Section 227(b) of the United States Code.

This law makes it illegal "to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine." The term "unsolicited advertisement'' is defined as "any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission." Damages are set at actual monetary damages, or $500, whichever is greater. The court may increase the damages up to three times this amount if it finds the defendant "willfully or knowingly" violated this law.

We receive a junk fax approximately every two days. Under federal (and state) law, these unsolicited faxes are illegal, but "fax blasters" simply ignore the law because few people know about and exercise their private right of action. We intend to take a proactive approach and file suit against these obnoxious and illegal marketing tactics and hopefully make a dent in the number of junk faxes we receive and, who knows, maybe make a small dent in the number of junk faxes others receive.

Jurisdiction

State courts are expressly given jurisdiction under 47 U.S.C. § 227(b)(3). The following federal court cases have found that state courts have sole jurisdiction under this law:

• International Science and Technology Institute, Inc. v. Inacom Communications, Inc., 106 F.3d 1146 (4th Cir. 1997)
• Chair King, Inc. v. Houston Cellular Corporation, 1997 WL 768609 (5th Cir. 12/15/97);
• Foxhall Realty Law Offices, Inc. v. Telecommunications Premium Services, LTD, 975 F.Supp. 329 (S.D.N.Y. 1997)

I declare under penalty of perjury of the laws of the State of Washington and the United States that the above statement is true and correct.

Dated: January 7, 2001

Ben Livingston