Barry B. KAUFMAN et al., Plaintiffs and Appellants,
v.
ACS SYSTEMS, INC., et al., Defendants and Respondents.
David L. Amkraut et al., Plaintiffs and Appellants,
v.
Fax.Com, Inc., et al., Defendants and Respondents.
Court of Appeals of California, Second District, Division One.https://leagle.com/images/logo.png
July 22, 2003.
Review Denied October 15, 2003.
Attorney(s) appearing for the Case
Connon & Wood, Nicholas P. Connon, Los Angeles; Zimmermann, Koomer, Connolly & Finkel and Scott Z. Zimmermann, Los Angeles, for Plaintiffs and Appellants Barry B. Kaufman and Vans, Inc.
Harvey Rosenfield, Santa Monica, and Pamela M. Pressley, for The Foundation for Taxpayer and Consumer Rights as Amicus Curiae on behalf of Plaintiffs and Appellants Barry B. Kaufman and Vans, Inc.
Jamie R. Schloss, Los Angeles, for Plaintiffs and Appellants David L. Amkraut and Joel Amkraut.
John D. Ashcroft, United States Attorney General, Robert D. McCallum, Jr., Assistant Attorney General; Debra W. Yang, Mark Stern, Alisa B. Klein and Kathleen Kane for the United States of America as Amicus Curiae on behalf of Plaintiffs and Appellants.
Bill Lockyer, California Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Assistant Attorney General, Ronald A. Reiter, Supervising Deputy Attorney General, and Seth Mermin, Deputy Attorney General, for the State of California as Amicus Curiae on behalf of Plaintiffs and Appellants.
Wright, Robinson, Osthimer & Tatum, Charles H. Horn, Richmond, VA, Brian S. Inamine, Donald L. Mabry and Philip J. Bonoli, Los Angeles, for Defendants and Respondents ACS Systems, Inc. and Micro General Corporation.
Epstein Turner & Song, David B. Epstein, Los Angeles, and Daniel J. Kolodziej, for Defendants and Respondents DataMart Information Services Corporation and Joe Girdwood.
David B. Felsenthal, Los Angeles; Law Offices of Nate G. Kraut and Nate G. Kraut, for Defendant and Respondent Fax. com, Inc.
Case, Ibrahim & Clauss and Brian C. Case, Costa Mesa, for Defendant and Respondent Cynet, Inc.
Court of Appeals of California, Second District, Division One.
MALLANO, J.
In this appeal we determine the applicability and constitutionality of a federal statute that restricts unsolicited facsimile (fax) advertisements, commonly called "junk fax." The federal Telephone Consumer Protection Act of 1991 (TCPA or Act) (Pub.L. No. 102-243, § 3(a) (Dec. 20, 1991) 105 Stat. 2395) prohibits the sending of unsolicited advertisements to fax machines. Anyone receiving such a fax may, "if otherwise permitted by the laws or rules...
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