'Act of defiance': FCC fights fax.com ; Company says enforcement is beyond the law.(Brief Article)

Advertising Age, August, 2002 by Teinowitz, Ira

A Federal Communications Commission effort to enforce a federal law that bars unsolicited faxes is being labeled a ``vindictive'' effort at ``retaliation.'' The charge comes from fax.com, the company that won a ruling from a federal judge six months ago that the law failed free speech tests.

Mary Ann Wymore, an attorney for fax.com, claimed the FCC went a step beyond enforcing the law while the ruling is appealed, and suggested it is attempting to damage the company. ``They have less of a concern about what is legally collectable than in trying to injure this company,'' she said. ``They are trying to do an end run around the judge's decision. They don't like the fact they lost.''

The FCC last week moved to fine fax.com $5,379,000 for 489 violations...

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