For Immediate Release
Media Contact: Bob Cooper
(208) 334-4112

Date: May 8, 2006

Fax-Spammer Ordered to Pay $80,000 Penalty

(Boise) – A Nevada based fax-spammer has been ordered to pay $80,000 in civil penalties to the State of Idaho, Attorney General Lawrence Wasden said. Fourth District Judge Thomas Neville also ordered Blue Jay, Inc., to pay $2,056.89 to reimburse the Attorney General for investigative costs and legal fees.

In January 2006, Wasden filed a civil lawsuit against Blue Jay, Inc. and its president, Neil S. Luxenberg. The Attorney General alleged that Blue Jay, Inc., had violated the Idaho Telephone Solicitations Act by faxing unsolicited advertisements to Idaho consumers and/or businesses between 2001 and 2005.

Prior to filing suit, the Attorney General had received 16 complaints. The $80,000 civil penalty represents a penalty of $5,000 per unsolicited fax. Blue Jay, Inc. is no longer in business.

Sending unsolicited advertising by fax is illegal under Idaho law. The law does not require the recipient to contact the sender and ask that no further ads be sent.

“Unsolicited faxes continue to be an illegal, annoying and costly nuisance to Idaho residents and Idaho businesses,” Attorney General Wasden said. “The complaints we receive from consumers express increasing frustration with businesses that disregard Idaho’s unsolicited fax laws. We will continue to make this clear to the fax-spammers by pursuing lawsuits and significant fines against them.”

In 2005, the Attorney General’s Consumer Protection unit received hundreds of unwanted faxes received by Idahoans. Most of those faxes came from foreign countries or businesses that did not identify themselves on the faxes.

Wasden said his office welcomes unsolicited fax ad complaints from Idaho consumers. Consumers may obtain a complaint form from Attorney General Wasden’s Internet site or by calling (208) 334–2424. Idaho residents outside the Boise calling area may call the toll–free number (800) 432–3545.

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