Detroit attorney Stuart Lebenbom is suing a Detroit tailor and clothing store owner, Cornell Frye, for faxing him a flier about a sale at his Detroit clothing store, Studio 23.
Frye faxed his sale fliers out to everyone he had business cards for. Attorney Lebenbom was one of the recipients. Instead of going to Frye's store to buy some clothes on sale, he slapped Frye with a $4,000 lawsuit.
The Telephone Consumer Protection Act of 1991 makes it "unlawful to use a facsimile machine to send an unsolicited advertisement" to anyone you don't already have a business relationship with.
Frye claims he must have had a previous relationship with the attorney because he had Lebenbom's business card in his possesion. That is why he sent the fax to him, because his business card was among the stack he kept.
"I think it's outrageous. I was stunned," Frye said.
According to legal experts there should always be a disclaimer at the bottom of a soliciting fax to tell the recipient how they can stop future faxes. This will protect the sender from lawsuits.
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