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HeyBub[_3_] HeyBub[_3_] is offline
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Default (OT) Must I allow political calls on my phone?

Oren wrote:

Judgment is not a local event by a Justice of the Peace for a
federal crime. Wrong court of jurisdiction.


Nope.

47 U.S.C. Section 227

"(3) Private Right of Action. A person or entity may, if otherwise
permitted by the laws or rules of court of a State, bring in an
appropriate court of that State -
(A) an action based on a violation of this subsection or the
regulations prescribed under this subsection to enjoin such
violation, (B) an action to recover for actual monetary loss from
such a violation, or to receive $500 in damages for each such
violation, whichever is greater, or
(C) both such actions.

If the court finds that the defendant willfully or knowingly
violated this subsection or the regulations prescribed under this
subsection, the court may, in its discretion, increase the amount of
the award to an amount equal to not more than 3 times the amount
available under subparagraph (B) of this paragraph."

http://www.keytlaw.com/faxes/47usc227.htm

"Under the [Telephone Consumer Protection Act], recipients of
unsolicited fax advertisements can file suit in state court to
collect the greater of $500 or actual damages for each violation,
and/or obtain an injunction (a single junk fax can, and often does,
contain multiple violations). If a court determines that the
violations were willful or knowing, the damages can be tripled at
the discretion of the court."
http://www.junkfaxes.org/federal_law.htm


I understand using a state court. What I disagreed to was using a
Justice of the Peace.

A Justice of the Peace in some states have no legal training --
"non-lawyer". They have very limited jurisdiction with limited powers.

A state district court would have jurisdiction, as your links point
out.


A. A Justice of the Peace is a court. They can issue fines and, in some
cases, jail.

B. To get into a state district court, the amount at issue must exceed some
reasonable value. In my state it is $2000. (The amount must exceed $10,000
to bring a suit in a federal court.) Things may differ where you are; you
can always call the clerk of your local justice court and ask.

C. I've collected $750 in the Justice Court for unsolicited faxes (three
times at $250), plus reimbursement for filing fees.

But I haven't gotten an unsolicited fax in like forever. I think the
scum-suckers have a background information network.