Wis. court: Insurance must cover junk fax damages
MADISON, Wis. (AP) — A state appeals court says a Milwaukee heating and air conditioning company's insurance provider is liable for an unsolicited "junk" fax the company sent out.
According to the ruling, Atlas Heating and Sheet Metal Works, Inc., sent a fax advertisement to Isaac Sawyer's business, A-1 Security Locksmiths, in 2005. Sawyer sued in federal court, alleging Atlas violated the federal Telephone Consumer Protection Act, cost him paper and toner and violated his privacy.
Sawyer also sued West Bend Mutual Insurance Company, Atlas' insurance provider, to determine if the insurance company had a duty to defend Atlas. A Milwaukee County judge ruled it did.
The 1st District Court of Appeals upheld that decision Tuesday, saying the fax violated Sawyer's right to be left alone.
West Bend's attorney didn't immediately return a message.
Jul 11, 2012 at 4:31 p.m.
Suggest removal
Gary, I hope you do call a FAX #.
Yes, a business fax # has a right to be left alone.
No you cannot be sued for walking into a place of business.
No you cannot be sued for calling a business.
You are a mistake, I called your parents.
You have a lifetime sentence, you are you!
Jul 10, 2012 at 8:26 p.m.
Suggest removal
Just because I have a phone does not mean I want to talk to you.
Jul 10, 2012 at 12:26 p.m.
Suggest removal
I think this is very good. A first step by someone willing to stand up and make a difference in the world of "spam, scam, and any other type of unwanted solicitations." If we start fighting back perhaps they would quit sending out their garbage. Example? For me it is an auto supply store constantly sending me emails telling me my truck has over 200,000 miles on it and I need to buy brakes or some other part to fix my truck. Truth is I sold the truck a couple months ago and it did not have nowhere near 200K miles on it. Plus what they were telling me needed replacing did not need replacing. It makes me wonder how many people believe those emails and go to the auto supplier and buy new parts that they did not need? Point is, I think this kind of un-asked for advertisement needs to get under control and stop. And I think Isaac Sawyer should not be bashed for his bravery in taking a first step but others should follow in his footsteps and perhaps we can stop the unwanted advertising. Even the unwanted political phone calls that plaque us evey election season.
Jul 10, 2012 at 12:23 p.m.
Suggest removal
...but then again that us all the judicial system is for....making money, they dont care about anything else.
Jul 10, 2012 at 12:22 p.m.
Suggest removal
So businesses can heckle you but you cant heckle them? Court costs will well exceed the damage costs...lol.
Jul 10, 2012 at 11:13 a.m.
Suggest removal
Wow. THAT'S petty.
Jul 10, 2012 at 10:58 a.m.
Suggest removal
That just doesn't seem right. I'm assuming there will be some $$ owed for the toner and paper, but how much? Plus, all the pain and suffering, not to mention the attorney's fees. I approve in the sense we are all sick of the "junk" mail, but why do we have to put up with campaign calls, and people calling to ask our opinions? Will we all be able to take these people to court too? Issac Sawyer must not have much to do or has a brother that is an attorney. This is a waste of time and paper and toner if you ask me.
Jul 10, 2012 at 10:41 a.m.
Suggest removal
Do businesses have the right to be left alone?
Could I be sued for walking into a place of business?
Could I be sued for calling a business?
What if I called by mistake?
Maybe that would get me a reduced sentence.
Before you post a comment, consider this:
Note: GazetteXtra.com does not condone or review every comment. Read more in our User Policy AgreementPost Comment
Commenting requires registration.