Some of these documents are scanned, and may contain scanning errors. This information on my pending TCPA lawsuits is provided for informational purposes only, and in no way should be construed as legal advice. I am not a lawyer, and I don't play one on T.V.
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Agreed judgment in favor of Plaintiff for $500 plus $79 court costs.
Quality Data Systems L.L.C. sent a junk fax to my home office fax machine, and one of the owners admitted that he was well aware of the law, and had looked into it, and decided that there wasn't "a big enough case in Oklahoma to make it an incident." He also said he'd go right on sending junk faxes.
Braver vs. Quality Data Systems, L.L.C. Petition (PDF)
Quality Data Systems' Entry of Appearance (PDF)
The company has an attorney, who has been in contact with me, but they have not filed an answer or entry of appearance within the 20 days required for a response. I called their attorney to notify him that I'm prepared to file a motion for a default judgment. He is going to discuss possible settlement with his client, or retain counsel licensed in Oklahoma to file an answer.
This company uses junk faxes to promote its traveling seminars to train potential Notary Publics.
A representative told me that she is aware of the law, but somehow was exepmted through the California Attorney General's office, and was very unpleasant about it. We'll just see about that!
Braver vs. U.S. Notary, Inc. Petition
(PDF)
I have filed an amended petition, including the marketing company that transmitted the fax as a defendant.
I received two "junk faxes" from this Dallas-based landscaping company. Assuming that they were victims of an unscrupulous junk fax bureau, I tried to get information from them as to the identity of the company they used. Gene, who identified himself as the company's VP, was defensive, and asked for my fax number for removal. (This is the wrong answer!)
Since they wouldn't provide me with information on the bureau, and impled that they would countinue to violate the law by asking for my fax numbers for removal, I filed my suit accordingly.
Braver vs. Complete Landsculpture, Inc. Petition (PDF)
This is the case of the unsolicited commercial fax from a collection agency soliciting for business. A recording of my conversation with this company shows just how sleazy they are. The recording is online in RealAudio format in my "sleazebags" section.
Anyway, I got a default judgment against them for $500 plus court costs. I have just served them with a copy of the judgment.
Braver vs. Ficka Small Claims Affidavit (PDF)
The defendant filed its answer, a standard denial. I have sent my first set of interrogatories and request
for production of documents. After filing my petition on December 1, my process server was finally able to serve
the company on December 29. It seems that the owner of the company does not, as a rule,
come in to the office. At any rate, they have responded with an Entry of Appearance which gives
them 20 more days to file their answer.
First USA Bank filed their (sparse) answer. The petition has been filed. First USA has filed an entry of appearance,
which basically gives them another 20 days to file their answer. I will post it
here when I get it. Cox agreed to pay a $1,500 settlement after the rescheduled pre-trial conference
held today. Cox ordered to pay me $250 in sanctions for failure to appear at the pre-trial conference The company is apparently down to one employee, Keith Cox, its president. His father,
Robert Cox, minds the office, although he says he is not an employee.
According to Robert Cox, the company is "going bankrupt" and I am to blame.
I asked him how that could be, since they have not hired an attorney and, to my knowledge,
haven't spent a dime to defend themselves (while running up my legal costs), and he could
only answer that he was glad that they had run up my costs, and that I should be in jail.
Go figure.
Anyway, after nearly four months, my discovery and request for documents has not been
answered. Repeated attempts to work this out with Cox have failed. I have filed a Motion
to Compel, and also served Cox with a Request for Admissions.
Here are the interrogatories and request for production of documents that
were filed on September 29. Cox has 30 days to answer. If they fail, we will
file a motion to compel. Cox responded to my petition in the most incredible "legal"
document I have ever seen. However, they did file it on time, and so it does
serve as an official answer. A great effort was made to hand-type this
document, retaining all of the spelling and other errors. There is no way the
scanner and OCR software would have handled this poorly-typed document. Why is it that most telemarketers are barely literate? My initial petition against Cox Distributing will be filed after the
Memorial Day holiday. Here is the final, agreed upon Narrative Statement and my initial brief to
the court. Parker replied, and I have filed my answer to their reply. The case
is now completely in the hands of the Oklahoma Supreme Court. NOTE: These scanned documents contain minor errors. The Defendant's answer to my Narrative Statement has been filed. The Defendant's answer to the petition has been filed, and my Narrative
Statement of the small claims trial has been filed. My appeal has been filed. Judge Gaston, in issuing his decision in favor of the defendant, stated
that he wasn't convinced that the telephone calls fit the definition of a "telephone
solicitation" in 47 CFR 64.1200(f)(3): The term "telephone solicitation" means the initiation of a
telephone call or message for the purpose of encouraging the purchase or
rental of, or investment in, property, goods, or services, which is
transmitted to any person, but such term does not include a call or message:
(i) To any person with that person's prior express invitation or
permission; (ii) to any person with whom the caller has an established
business relationship; or (iii) By or on behalf of a tax-exempt nonprofit
organization.
Agents representing Parker Real Estate, Inc. called on five occasions. In
all five calls, the agents stated that there were buyers interested in homes in
the neighborhood, and offered a market analasys if I was interested in putting
my home on the market.
It appears to me to be a matter of common sense that the purpose of the
calls are to encourage the purchase of real estate brokerage services.
I will be selecting an attorney this week to handle an appeal, and I do plan
to pursue this case unless I'm advised of compelling reasons not to.
Braver vs. Ficka Default Judgment (PDF)
Robert Braver vs. American Products, Inc.
February 2, 1999
American Products, Inc. -
Defendant's Answer (PDF)
January 14, 1999
American Products, Inc. -
Defendant's Entry of Appearance (PDF)
December 1, 1998
Robert Braver
vs. American Products, Inc. Petition (PDF)
Robert Braver vs. First USA Bank
October 19, 1998
August 25, 1998
Braver
vs. First USA Bank Petition (HTML)
Robert Braver vs. Cox Distributing, Inc.
February 24, 1999
February 19, 1999
January 31, 1999
September, 1998
Request
for Production of DocumentsJuly ??, 1998
Cox
Distributing, Inc.'s answer to the initial petition (HTML)As above, but with my comments added
(HTML)May 22, 1998
Braver
vs. Cox Distributing Inc. (Acrobat PDF)Braver vs. Cox Distributing Inc. (HTML)
Update: Robert Braver vs. Parker Real Estate, Inc.
August-October, 1998
The
final Narrative Statement which constitutes the record from the small claims
trialMy
initial brief to the Supreme CourtMay 11, 1998
Parker's
response to the Narrative Statement (Acrobat PDF)Parker's
response to the Narrative Statement (HTML)
April 26, 1998
Parker's
response to the Petition in Error (Acrobat PDF)Parker's response to the Petition in
Error (HTML)Narrative
Statement (Acrobat PDF)Narrative Statement (HTML)
April 9, 1998
Pertinent
Exhibits from the initial appeal filings are here. (HTML)
March 10, 1998
The
original Small Claims Affidavit is here (HTML).The
Statement I read in court is here. (Acrobat PDF)
