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Lawyer Sues Restaurant Over Daily Special Faxes
LOCAL6.COM ^ | 05/22/2006

Posted on 05/23/2006 10:07:49 AM PDT by Responsibility2nd

OLDSMAR, Fla. -- A Tampa lawyer is suing a sandwich shop for sending daily specials by fax.

Attorney William Ebsary said he just got tired of unsolicited faxes of the eatery's menu and decided to do something about it.

Ebsary has squared off in small claims court against Twins Luncheon restaurant in Oldsmar, about 20 miles northwest of Tampa.

He said the restaurant sent faxes to his office even after a certified letter asked that they stop.

Ebsary sued the restaurant in February using a law designed to punish those who engage in "fax blasting."

He is seeking between $5,000 and $15,000 in damages.

Managers at the restaurant said Ebsary's office number was randomly and accidentally entered into the fax machine speed dial.

Restaurant owner Ronald Palazzolo said his settlement offers were rejected.


TOPICS: Business/Economy; Culture/Society; Miscellaneous
KEYWORDS: frivolous; parasite
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It's lawyer-bashing time.

Or is it? Are junk faxes a problem for you?

1 posted on 05/23/2006 10:07:52 AM PDT by Responsibility2nd
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To: Responsibility2nd
I HATE the damn things. My first reaction was that this was typical lawyerly overreaction till I saw that he had sent them a registered letter requesting they stop and they ignored it. I vote with the lawyer on this one. (Never thought I'd say THAT)
3 posted on 05/23/2006 10:10:14 AM PDT by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: Responsibility2nd

Well, he's got a point. Its not like he didn't ask them to stop. I might have paid the owner a personal visit myself, however, given that I don't view the law as an avenue for extortion.


4 posted on 05/23/2006 10:10:14 AM PDT by Al Simmons (Four-time Bush Voter 1994-2004!!!!!!!!!!!!)
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To: Al Simmons

Ooh, I like your approach even better. Wouldn't work for me as most of mine are for some form of health insurance and don't list a physical address (and would probably be hundreds of miles away if they did).


5 posted on 05/23/2006 10:11:39 AM PDT by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: Responsibility2nd

Wow, junk fax senders, a group more hated than even lawyers!


6 posted on 05/23/2006 10:14:19 AM PDT by Last Dakotan
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To: Responsibility2nd

We simply ask our ISP/Voice provider to block the offending fax number, an option we have included with our service, no problem.


7 posted on 05/23/2006 10:20:45 AM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: Responsibility2nd

I'd like to sue the "company" that inserted a pop-up ad into my registry files and comes up with every time I go online and I can't get rid of it without getting a whole new operating system! (according to my geeks)


8 posted on 05/23/2006 10:23:42 AM PDT by Rennes Templar ("The future ain't what it used to be".........Yogi Berra)
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To: HEY4QDEMS
We simply ask our ISP/Voice provider to block the offending fax number, an option we have included with our service, no problem.

I only wish it was a simple as that to block junk e-mails.

9 posted on 05/23/2006 10:24:18 AM PDT by Responsibility2nd (A Moose Once Bit my Sister. Yeah. She Turned Moose-lim.)
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To: Responsibility2nd

Hard to bash the lawyer for this suit...after all, he is using a law passed by the legislature for this very purpose.


10 posted on 05/23/2006 10:25:08 AM PDT by ContemptofCourt
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To: Last Dakotan
Wow, junk fax senders, a group more hated than even lawyers!

It's worse than spam. But instead of damages, the owner ought to be banned from sending any faxes. And if he keeps it up, they should take away his right to use a phone as well.

11 posted on 05/23/2006 10:25:16 AM PDT by PAR35
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To: Responsibility2nd
...He is seeking between $5,000 and $15,000 in damages...

What damage? A ream of copy paper is only $5.00. That's a penny a sheet.

If he received a fax every day for a year that's only $3.65 (plus ink costs).

I hate lawyers and frivilous lawsuits.

12 posted on 05/23/2006 10:27:21 AM PDT by FReepaholic ("I just freaked out and shot him -- boom, boom, boom, boom.")
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To: Rennes Templar

your geeks are wrong- they just don't know how to do it and won't admit it

find someone competant


13 posted on 05/23/2006 10:27:24 AM PDT by Mr. K (Some days even my lucky rocketship underpants don't help...)
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To: Still Thinking
Except for the level of damages; the law basically says the wronged party should be returned to his original state: let the lawyer charge his standard and reasonable fees for services for the time he spent filing the suit and that of his staff in dealing with the unwanted faxes and permanently enjoin the restaurateur from future unsolicited contact.
14 posted on 05/23/2006 10:33:18 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Responsibility2nd

Give the lawyer his "just desserts"..a bologna sandwich on rye w/cheese, mustard, mayo & a dill pickle to match his disposition...what a sour puss!


15 posted on 05/23/2006 10:33:25 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: FReepaholic
What damage? A ream of copy paper is only $5.00. That's a penny a sheet.

You forgot the cost of the ink. And it is not like the price of the offending ad matters; it is the fact that you are forced to pay for it that does.
16 posted on 05/23/2006 10:33:49 AM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: HEY4QDEMS
"We simply ask our ISP/Voice provider to block the offending fax number, an option we have included with our service, no problem."

That is a good plan, which we also have. Unfortunately, the fax that calls us calls a voice only number that rings at home, usually at 3 in the morning. Since we have an aged parent we can't turn off the phone, and the number is a "private number" which can't be blocked without losing calls from others who we want.

17 posted on 05/23/2006 10:36:03 AM PDT by Grammy
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To: Last Dakotan
"Wow, junk fax senders, a group more hated than even lawyers!"

A few years back we kept getting adult rated faxes (yes xxx crap) on our business fax machine. Well called and faxed them repeatedly to tell them to stop. Now remember this is back in the days when the fax machines still had the phones built into them. We are talking old school. equipment.

These jerks sent us back a fax laughing at us and it said that they could fax anyone anything they wanted. So I found out their 800 fax number for orders and I got me some black construction paper and run about three sheets in a circle taped together and just let the damn thing run all friggin weekend. (imagine an endless loop of black paper running over an over.)

Monday morning we got a call asking us very kindly not to do that again. heheh. I ruined my fax machine but damn it was worth it!

18 posted on 05/23/2006 10:37:57 AM PDT by Mad Dawgg ("`Eddies,' said Ford, `in the space-time continuum.' `Ah,' nodded Arthur, `is he? Is he?'")
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To: Responsibility2nd

I hate spam faxes. Hate them! We get them all the time at work and I dutifully call the 800 number to have our number removed from their list. What a PIA.


19 posted on 05/23/2006 10:39:06 AM PDT by InsensitiveConservative
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To: Rennes Templar

You need better geeks. Yours don't know what they're doing.


20 posted on 05/23/2006 10:39:06 AM PDT by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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