> ## Content Index > Fetch the complete content index at: https://www.smdp.com/llms.txt > Use this file to discover other available public pages before exploring further. # Attorneys say unsolicited faxes are illegal - URL: https://www.smdp.com/attorneys-say-unsolicited-faxes-are-illegal/ - Published: 2002-02-25T16:00:00.000Z - Updated: 2026-10-23T00:03:54.000Z - Author: Andrew Fixmer - Tags: Business, Santa Monica, #archive-import *Businesses can be liable for unsolicited faxed ads* Several local businesses were sued recently after they contracted with an agency that illegally sends out unsolicited advertisements via facsimile. John Cassese, owner of the Dance Doctor on Fourth Street — who wasn’t aware the practice was illegal — recently settled a lawsuit with a consumer watch dog group after it received a fax advertising Cassese’s dance lessons. As his payment, Cassese sent the Foundation for Taxpayer and Consumer Rights 61,000 pennies via courier. “I figured if they were going to use penny-antic tactics they deserved to be paid in pennies,” he said. > “I figured if they were going to use penny-antic tactics, they deserved to be paid in pennies.” — — JOHN CASSESE The Dance Doctor owner When Cassese and many other local business owners contracted with a Silver Lake-based fax advertising agency last year they unknowingly left themselves open to being sued. The Foundation sues any business it receives an advertising fax from. Cassese was told by Peter Pollard, the owner of Faxertise, that his agency would send an advertisement for his dance studio to 9,350 phone numbers in five different westside communities for $350. The deal seemed so good that Cassese and other Santa Monica business owners including Shazti on Main, Akbar Cuisine of India, Rosti, and Familia Toscana, contracted with Pollard. But the Federal Telephone Consumers Act of 1991 forbids the practice. When lawyers at the foundation received the ads they filed a lawsuit in Los Angeles County Superior Court last April. Because of past “junk-fax” experiences, attorneys for the Foundation for Taxpayer and Consumer Rights have found it difficult to successfully prosecute fax advertising agencies, so they go after the businesses that use their service instead. “We want to stop people from annoying consumers,” said David A. Holtzman, a former foundation attorney that worked on the case. “The idea is to get a critical mass of people to know about this law so it can have its intended effect.” Any person who receives an unsolicited fax can sue the business that sent it for up to $1,500 in small claims court, according to the foundation’s attorneys. But Pollard contends that his service is 100 percent legal and that’s why he does-n’t warn his clients about possible legal action being brought against them. He says a 1992 California business code states that unsolicited faxes and e-mails are legal as long as recipients are given a way to opt out of receiving them. “Of course I don’t tell my clients it is illegal to fax (advertisements) in the state of California,” said Pollard. “If I’m told it’s illegal I will stop that moment. But if it’s not illegal why should I stop? It’s not like I’m hurting children or anything.” Pollard said both times his company has been sued judges have not enforced injunctions or ruled against him. He said both cases are currently under appeal. But lawyers say Pollard is misinformed. They argue that the United States Constitution puts federal law above state law or business codes. “The federal government provides you can sue in state court for this,” said Holtzman. “Like it or not, federal law is the law of the land, and it plainly says unsolicited faxes are illegal.” That leaves business owners holding the bag. “It’s like finding loose change in your couch,” said Holtzman. “It’s hard to find most of these fax services, but it’s much easier to go after local businesses.” Pollard said the foundation’s tactics are hurting his business and making his life very difficult. “Nobody named in any of these lawsuits are advertising with me anymore,” he said. Cassese believes the foundation is picking on small business owners by selectively enforcing the law. He said if the foundation had informed business owners the practice was illegal and continuing with the service could open them up to liability, they would have stopped. “But they are so concerned for the welfare of consumers,” said a sarcastic Cassese. “How badly are consumers being hurt by faxes? This is complete nonsense.” Cassese’s attorney, Mike Eyerly, settled the case for $500 plus $110 in legal expenses. The foundation’s original suit sought $1,500. “There’s not a whole heck of a lot of case law out there on this,” said Eyerly. “But the stuff that is out there isn’t ambiguous. It clearly says you cannot send someone an unsolicited fax advertisement.” Foundation attorney Pam Pressley said all local businesses have settled out of the lawsuit except for Akbar, which is suing Faxertise for damages. She would not say how much each business settled for. “We want them to join our lawsuit and help us put these (fax services) out of business,” she said. “Unfortunately, most business owners, like John, decide to settle out of the case instead.” Cassese may still get the last laugh. Since he settled last November, he has saved hundreds of unsolicited faxes from his office machine. He could sue them all for damages. “I’m sitting on my retirement money right here,” Cassese said while he waving a stack of faxed ads. ![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/022502-03_01.jpg) John Cassese, owner of The Dance Doctor, holds the ad which forced him to pay $610 for unknowingly violating a federal law prohibiting unsolicited faxes. (Photo: Andrew H. Fixmer/Daily Press) *Originally published in the Santa Monica Daily Press print edition on February 25, 2002.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/022502.pdf?ref=smdp.com)