patriotgal
Veteran Member
Wow. Just wow. Saw this in the Arkansas Business Daily News Report. I throw away a huge stack of spam faxes every day. How much money have I trashed???
$12M Penalty in Fax Case Will Stand
by Mark Friedman
Monday, Jul. 1, 2019 12:00 am 3 min read
$12M Penalty in Fax Case Will Stand
Eugene Kalsky pictured with a copy of the fax that cost him $12.5 million.
The $12.5 million class-action judgment against a New Jersey man and his business will stand after the Arkansas Supreme Court decided last month not to review the case.
Eugene Kalsky, owner of Gen-Kal Pipe & Steel Corp. of Mount Laurel, New Jersey, had asked the state Supreme Court in March to review the case after the Arkansas Court of Appeals upheld the judgment from Pope County Circuit Court.
“The judgment at issue here is shocking,” Kalsky’s attorney Tim Cullen of Little Rock said in the petition to the state Supreme Court. “A crippling $12.5 million judgment has been entered against a small New Jersey business and its president, … as a result of a single fax advertisement sent to” M.S. Wholesale Plumbing Inc. of Russelville.
M.S. Wholesale accused Gen-Kal of failing to include a specific opt-out notice on fax advertisements in violation of the federal Telephone Consumer Protection Act. Kalsky, who didn’t hire a lawyer for the Circuit Court case, failed to answer a request for admission that asked him to admit to sending 25,000 faxes. Since Kalsky didn’t respond, it was assumed to be true. The fine for sending a fax that doesn’t meet TCPA guidelines is $500 per fax sent. That figure multiplied by 25,000 totals $12.5 million. (Kalsky later said in a podcast about the case that he had sent out more than 2,000 faxes to companies in Arkansas in 2015.)
$12M Penalty in Fax Case Will Stand
by Mark Friedman
Monday, Jul. 1, 2019 12:00 am 3 min read
$12M Penalty in Fax Case Will Stand
Eugene Kalsky pictured with a copy of the fax that cost him $12.5 million.
The $12.5 million class-action judgment against a New Jersey man and his business will stand after the Arkansas Supreme Court decided last month not to review the case.
Eugene Kalsky, owner of Gen-Kal Pipe & Steel Corp. of Mount Laurel, New Jersey, had asked the state Supreme Court in March to review the case after the Arkansas Court of Appeals upheld the judgment from Pope County Circuit Court.
“The judgment at issue here is shocking,” Kalsky’s attorney Tim Cullen of Little Rock said in the petition to the state Supreme Court. “A crippling $12.5 million judgment has been entered against a small New Jersey business and its president, … as a result of a single fax advertisement sent to” M.S. Wholesale Plumbing Inc. of Russelville.
M.S. Wholesale accused Gen-Kal of failing to include a specific opt-out notice on fax advertisements in violation of the federal Telephone Consumer Protection Act. Kalsky, who didn’t hire a lawyer for the Circuit Court case, failed to answer a request for admission that asked him to admit to sending 25,000 faxes. Since Kalsky didn’t respond, it was assumed to be true. The fine for sending a fax that doesn’t meet TCPA guidelines is $500 per fax sent. That figure multiplied by 25,000 totals $12.5 million. (Kalsky later said in a podcast about the case that he had sent out more than 2,000 faxes to companies in Arkansas in 2015.)
