So, I have this settlement agreement. With Complex Capital Mortgage, junk faxers extraordinaire.
So. As of the date of the settlement agreement, which I expect to sign tomorrow, the terms of the settlement become confidential. Er. Okay. So, as of tomorrow, I can’t tell you that they’re paying $2,875. You can read about it if you want, but I can’t tell you. I also can’t tell you that they’re agreeing not to send any more faxes, and that if they do, I keep that money as liquidated damages for breach of contract and reopen my suit for junk faxes they sent.
This is a sort of crappy agreement. In practice, I don’t think they really understand what they want, they just want the word “confidentiality”. You know, so they can pretend no one knows the important thing: Complex Capital Mortgage are junk faxers who will pay money to settle cases.
Which could come in real handy, given the number of faxes they’ve sent since I got my faxes from them.
Comments [archived]
From: tubby
Date: 2005-01-29 10:20:30 -0600
Kudos to Seebs and to SeebsLawyer. You tried to make a difference. I am glad you won but disappointed with your judgement in agreeing to this settlement.
Why did you settle so low? I could be mistaken, but it seems to me that you easily could have contacted other junk fax recipients and made a class action out of it.
20,000 junk faxes per month at $500 a fax plus attorney’s fees is a lot of money. Now that would have been successful in getting out the correct message, Seebs.
All you have done is allow the defendent to laugh at you and your attorney. No doubt they look at this as a mere cost of doing business. They are the winners, not you and not society. Your confidentiality agreement is pathetic.
If I were you I would fire my lawyer and get competent counsel. You could have made a real difference, but you failed to do so. I realize seebslawyer must be a friend of yours, but obviously he is no trial lawyer, or not a very good one. Sorry if this sounds harsh. It is the truth.
PS- Your attorney could have easily found out the names of everyone on the junk fax list by supoening the nightly phone records and or by inspecting the fax computer’s phone number lists.
I realize you aren’t in this for the money. I am glad you are supporting that charity in Seattle, but you have failed to create any positive social change. You know the mortgage company makes more on a single loan than you won in the settlement. How many loans do 20,000 faxes generate? Do the math. They won.
Ike Njake and Complex Capital Mortgage really won this, not you. Sorry, but you failed to make any real social change. The only take-home message from this sad experience is that Seebs settles for peanuts and the fax laws have no power. The man at Complex Capital Mortgage and his attorney are laughing at you all the way to the bank.
But don’t give up. If I know human nature, these types will be at it again. Get the word out about junk faxers and you just may be able to effect positive change next time. Good for you and your attorney for trying to make a difference. The next time will be a winner!
From: seebs_lawyer
Date: 2005-02-26 17:41:01 -0600
The owls are not what they seem . . . .