For Immediate Release	Contact:	Kevin Smith
December 2, 2003		619-236-6616 Cell

City of San Diego Files Lawsuit Against Fax.com

Councilmember Frye works with City Attorney Gwinn in
seeking over $500,000 in civil penalties

San Diego, CA- On Tuesday, December 2, 2003, at 202 C St., outside 12th floor City Council Chambers at approximately 12 pm, following adjournment of the morning City Council session, Councilmember Donna Frye and City Attorney Casey Gwinn will be available for statements and questions regarding a recently filed lawsuit by the City of San Diego against Fax.com.

Councilmember Frye, after tracking the junk faxes being sent to her office, urged the City Attorney to take legal action. Using information provided by Councilmember Frye detailing when each fax was sent and when each individual fax removal list number was called, the City of San Diego is suing Fax.com for violation of federal laws that protect consumers against unsolicited advertisements via fax and/or pre-recorded phone messages. Councilmember Frye felt initiating such action was crucial in forcing these companies to comply with the law. The civil lawsuit states that between January 2003-October 2003, Fax.com sent hundreds of junk faxes to city owned fax machines.

Councilmember Frye, expressing strong feelings on the issue of junk faxes said, "Companies like Fax.com who blatantly ignore repeated requests for removal from their distribution list must be prosecuted to the full extent of the law." Frye added that, "I have been tracking the junk faxes received in my office since January of 2003 during which time I received over a hundred junk faxes; almost half were received from fax numbers associated with Fax.com."

City Attorney Gwinn stated, "Many of the junk faxes had "opt out" numbers which city staff called but most of the time to no avail. The company blatantly ignored the law and the City is seeking over $500,000 in civil penalties."

"It is crucial that people concerned with this problem at their own home or office take a minute to call the fax removal phone number at the bottom of the junk fax to have their fax number removed from the distribution list," urged Frye. "If the company ignores that request, by law the citizen can sue the company for appropriate damages."

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