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Date: Wed, 18 Aug 2004 17:03:28 -0700 From: Owen DeLong <owen@delong.com> To: Mark Barker <barkerm@cox.net>, Mike Lewinski <mike@rockynet.com> Cc: nanog@nanog.org In-Reply-To: <C45B7C60-F16F-11D8-BB46-000A95B967C6@cox.net> Errors-To: owner-nanog-outgoing@merit.edu --==========048DEEDC7A639E5983F9========== Content-Type: text/plain; charset=us-ascii; format=flowed Content-Transfer-Encoding: quoted-printable Content-Disposition: inline No... It is not a good idea to /dev/null it. If you /dev/null it, the doctrine of Acquiescence by Estoppel works in their favor (essentially = latin legalise for "Silence is Consent"). Instead, you should write on the=20 invoice that you never agreed to purchase the items and send it back to them=20 certified mail. Make a copy of the invoice with your annotation and keep it for your records. At that point, they are pretty much stuck. IANAL, but, this is what I've been told by lawyers. Owen --On Wednesday, August 18, 2004 7:38 PM -0400 Mark Barker <barkerm@cox.net> = wrote: > > Invoicing for unsolicited materials is commonly referred to as "mail > fraud" hereabouts. > The courts have consistently upheld the notion that such materials can be > considered gifts. > IANAL but I would advise /dev/nulling all further correspondence from > these losers. > > -- MAB > > > On Aug 18, 2004, at 18:36, Mike Lewinski wrote: > >> >> Has anyone else has run into these scumbags? Sometime last winter I >> received a call along the lines of "We'd like to send you some >> materials to review". Well, they sent some "Internet Law encyclopedia" >> along with an invoice for ~$700. Of course, there was no cost >> mentioned in the sales call- for all I knew they were going to send me >> a brochure about their product. I can say with 100% certainty that I >> would never have authorized them to send me something like this had >> they mentioned the cost without much further discussion as to what I >> was receiving. >> >> This is just a general heads-up to a sleazy business practice for a >> sleazy company that is now attempting to extort money. >> > --=20 If it wasn't crypto-signed, it probably didn't come from me. --==========048DEEDC7A639E5983F9========== Content-Type: application/pgp-signature Content-Transfer-Encoding: 7bit -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.2.2 (Darwin) iD8DBQFBI+5Qn5zKWQ/iqj0RAnCFAJ0Td/6qzPIdLfTeM8Zv8nNLSAbwHwCeJDJU JHWPDwGG3eS6Mr9WDWfgptc= =K8DB -----END PGP SIGNATURE----- --==========048DEEDC7A639E5983F9==========--
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