The lawsuit is progressing well. The class has been certified for all persons or entities that received junk faxes from PJI or PJRI from October 5, 1997 to February 27, 2003. Discovery continues, but we are closing in on the final details of notice to the class. We are currently reworking this website and the information it contains.


Monday October 8, 2001 3:36 pm Eastern Time

Press Release

SOURCE: The Law Offices of John L. Fallat

San Mateo County Firm Sues So. Calif. Outfit Over Junk Faxes

Violation of Telephone Federal Consumer Protection Act of 1991 (TCPA) Alleged

REDWOOD CITY, Calif., Oct. 8, 2001 /PRNewswire/ -- Unwanted ``junk faxes'' are the subject of a nationwide class action suit filed Friday in San Mateo County Superior Court of California.

``It's a violation of federal law to send a fax to anyone with whom you don't have a prior business relationship,'' explained John L. Fallat, the Marin County attorney who filed the suit. He represents Hypertouch, Inc., a Redwood City-based internet service provider, against Perry Johnson, Inc. and 100 ``John Does'' in the class action.

Hypertouch President Joe Wagner said ``Perry Johnson continues to bombard me with advertisements for seminars in which I have no interest. Why should my business be invaded daily by mass faxes that come through and tie up my telephone line?''

``On 16 different occasions Perry Johnson, Inc., a Michigan corporation doing business in El Segundo, California, sent unsolicited advertisements or junk faxes to my client,'' said Fallat, who added:

``Junk faxes are a problem for all of us. Our machines are jammed with unwanted advertisements that hinder us in running our businesses. We hope to penalize Perry Johnson, Inc. on behalf of our clients and thousands of others who face this daily harassment.

``These junk faxes are particularly offensive because Perry Johnson was previously cited by the Federal Communications Commission (FCC) on September 11, 2000, yet they continue to engage in this illegal and obnoxious behavior.''

Fallat also said that he hopes to send a message to other would-be junk fax companies operating in violation of federal laws enacted 10 years ago to halt this kind of activity. The U.S. Code states: ``It shall be unlawful for any person within the United States ... to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.''

Hypertouch wants the court to take the following actions:

Anyone else who wants or feels they have been harassed by junk mail faxes and want to join the class action, should contact attorney John Fallat at 415-457-3773.

The Law Offices of John L. Fallat, with offices in Marin, San Francisco and Pasadena, specializes in consumer class actions.

SOURCE: The Law Offices of John L. Fallat


Below will include updates as they occur:

(Last Modified on July 26, 2004)