Sandwich shop sued for faxing menus

May 22, 2006 at 7:55 PM
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TAMPA, Fla., May 22 (UPI) -- A Florida attorney is suing a local sandwich shop in small claims court for faxing daily menu specials to a Tampa law office.

The lawsuit seeks between $5,000 and $15,000 in compensation from Twins Luncheon restaurant in Oldsmar, Fla.

Tampa criminal lawyer William "Casey" Ebsary said he was tired of the unsolicited faxes crowding out legitimate correspondence and wasting paper and toner so he contacted a lawyer with expertise in a law that makes it illegal to fax business advertisements to anyone who is not a customer or has not given written permission to do so, the Tampa Tribune reported.

The law allows victims of "fax blasting" to collect up to $1,500 in fines per faxed page, civil litigation attorney James Thomas of Clearwater, Fla., said.

"It's excruciatingly disruptive" to have your fax tied up printing out advertisements, Thomas told the newspaper.

Twins Luncheon manager Mike Palazzolo said he routinely faxes his daily special to regular customers but entered Ebsary's fax number into his speed dial by mistake, the newspaper said.

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