Carnival's Unsolicited Fax Ads May End Up Costing Millions

021609carnival.JPG The owner of a home-based Staten Island travel agency could be in for a huge payday from Carnival Cruise lines. A Brooklyn federal court judge has ruled that Carnival violated the federal Telephone Consumer Protection Act (TCPA), which prohibits faxing unsolicited advertisements. Sherman Gottlieb, owner of SMG Travel, says the company has been bombarding him with fax ads since 2000, despite repeated cease-and-desist faxes and phone calls to Carnival. He pegs the number at 1,387 unsolicited fax ads, and since the TCPA sets fines at $500 per fax—with triple damages of $1,500 per fax if they're sent knowingly and willfully—Gottlieb could collect millions of dollars in damages! Carnival doesn't deny sending the faxes, but the company says they only sent maybe 540. According to the Staten Island Advance, a ruling on the amount of damages is pending; in the meantime, anybody got a cheap fax machine for sale?

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Comments (3) [rss]

"Maybe 540" is still about 840K in damages. Nice one Carnival, maybe you should have picked a lower number.

I don't get a company's rationale for doing this. If potential customers tell them to stop the harassment, do they seriously believe it's going to benefit them to continue doing it?

The people in the marketing and sales department think there could be a benefit.
The people in the legal department don't feel the same way.

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