2 File Suit in L.A. Seeking to Limit Unwanted Faxed Ads

Two people who say they’ve been bombarded with unwanted faxed advertisements for anything from real estate in Central America to the services of private trainers have filed a lawsuit in Los Angeles County Superior Court to limit the practice.

The suit, lodged recently against 13 firms and individuals nationwide, claims the faxes violate the federal Telephone Consumer Protection Act of 1991 and the California business and professions code.

L.A. lawyer Barry B. Kaufman, a plaintiff in the suit, said unwanted faxes have used up his paper and toner cartridges. Among the unsolicited faxes he has received is a pitch for a bungalow in Belize. Other pitches have been for office supply products and 800-We Do Law, an outfit that prepares ads for lawyers.

Kaufman said the faxes violate state law because they do not include a return address as required.

But Ken Ames, president of Southwest Copy Products--a Valencia company named as a defendant--called the lawsuit frivolous.

“This lawsuit is not going to amount to anything,” Ames said. “This is California; everybody is sue-happy.”

A federal appeals court dismissed a similar lawsuit filed in Texas last year, saying the court lacked jurisdiction.

Both plaintiffs (the other one is an L.A. woman who said she receives unwanted pitches at home) want the case declared a class action. They are seeking actual damages from the unwanted ads or $500 for each ad, whichever is greater.