“Walburg’s company, Mariposa Publishing, has sold directories containing telephone numbers for municipal, state, and federal courthouses for three decades. In 2007, a Mariposa employee made a sales call to a Missouri attorney named Michael Nack, then followed up with a faxed advertisement. Walburg’s ad didn’t include opt-out boilerplate. Walburg faces potential penalties of $500 to $1,500 on each of about 33,000 faxed ads, or $16 million to $48 million. Walburg has argued that he shouldn’t be subject to the junk-fax law because he asked Nack for permission to fax the ad. The Court of Appeals decided (PDF) that the junk-fax rule applied to both solicited and unsolicited ads.”
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