Date:  Mon, 8 Apr 1996 07:42:41 EDT

From:  Robin Garr <76702.764[AT SYMBOL GOES HERE]COMPUSERVE.COM>

Subject: Re: Interesting Free Off



Jeff Martin asks, "Enough already! Today we all received the second posting

in as many days touting a wonderful magazine subscription service. ... Anyone

out there know how we can put a stop to this?"



I have sent Mr. Chen the following message. Feel free to borrow it. :-) (Yes,

I know it won't work if he's using a fraudulent address, but it still makes

me feel better ... )



-----------> NOTICE REGARDING UNSOLICITED E-MAIL <----------



*** PLEASE REMOVE MY PERSONAL E-MAIL ADDRESS FROM YOUR MAILING LIST ***



IF YOUR MESSAGE WAS INTENDED AS ADVERTISING, IT MAY BE IN VIOLATION OF

FEDERAL LAW [Telephone Consumer Protection Act of 1991, and Collateral Code

of Federal Regulations (47 CFR 64.1200)].



Legal notice:



The Telephone Consumer Protection Act of 1991 (TCPA), and collateral Code

of Federal Regulations (47 CFR 64.1200) define an unsolicited advertisement

sent via FAX as the equivalent same sent by E-Mail. To wit:



If your computer has

 * a modem connected to a regular telephone line, and

 * a printer connected to that computer,

unsolicited advertising sent via e-mail to that equipment is considered

(by definition of law) as sent to a FAX. The TCPA allows a private right

of action against the sender of such unsolicted advertising. The

recipient can sue for $500, or actual damages (whichever is greater).