Cottonwood, AZ (PRWEB) January 9, 2006
After receiving countless unsolicited faxes, Christine Baker filed suit against Wellstone Filters, its CEO Learned J. Hand and others for violations of the Telephone Consumer Protection Act (TCPA) on October 5, 2004, in Kingman, Arizona, Superior Court, CV-04-915.
Ms. Baker alleges in her complaint that Wellstone Filters was illegally promoted through unsolicited faxes and the court granted the Wellstone Filters motion for summary judgment without giving Ms. Baker the opportunity to conduct discovery.
On 9/21/05, Ms. Baker filed the notice of appeal to the Arizona Court of Appeals, case # 1 CA-CV 05-0765. On 12/9/05, Wellstone Filters attorney Douglas Irish, partner at Lewis and Roca in Phoenix, filed the motion to dismiss, claiming that the appeal was not taken from a final judgment or otherwise appealable order of the Mohave County Superior Court.
On 12/20/05, Ms. Baker objected:
“Judge Chavez specifically stated during the 8/23/05 oral arguments that Baker had 30 days to appeal, [Order doc. # 52 attached and Transcript of the 8/23/05 Oral Arguments, pg. 8, lns. 21-25], indicating that there should be a final judgment or otherwise appealable order of the Superior Court.”
The court filings are posted at http://forum.creditcourt.com/discus/messages/5136/5708.html
Ms. Baker alleged in her suit that Wellstone Filters is liable for the junk faxes even if it was not aware that the promotions included faxes. In 1995, the FCC established the advertisers’ liability for junk faxes in the Reconsideration Order 12391:
“35. Decision. We clarify that the entity or entities on whose behalf facsimiles are transmitted are ultimately liable for compliance with the rule banning unsolicited facsimile advertisements …”
The TCPA allows for treble damages for “willful or knowing” violations and the advertiser is liable for at least $ 500 in statutory damages per violation.
Some of the WLSF junk faxes and additional research are posted at Ms. Baker’s Fight Back web site at http://fight-back.us/forum/index.php?showforum=71
According to the charts, the Wellstone Filters shares reached record highs of $ 1.60 in December 2004, after a 3 for 1 split in October 2004. In recent months, WLSF shares traded in the 40 to 50 cent range according to Pink Sheets. For current quotes please check http://www.pinksheets.com/quote/quote.jsp?symbol=WLSF or http://otcbb.com/
According to its SEC filings, Wellstone Filters President Carla Cerami Hand and her father sold WLSF shares during the time of the promotions and Wellstone issued $ 20 million in stock options to employees and for services. The SEC filings are posted at http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001092802
While Rosanne Baack, Wellstone Filters Public Relations, acknowledged in March 2005 that they were aware of the fax promotions, Wellstone Filters has refused Ms. Baker’s requests for assistance with the identification of the persons behind the extensive 1.5 year market manipulations.
Judge Chavez declined to allow Ms. Baker to conduct formal discovery to find out which promoters were hired by Wellstone and which major shareholders sold during the time of the illegal promotions and he granted the Wellstone motion for summary judgment.
On 5/30/05, Ms. Baker had submitted her complaint about the WLSF illegal market manipulations to the SEC and in response to her request for an update, Ms. Kerry McGovern with the SEC advised on 6/24/05:
“The SEC generally conducts its investigations on a confidential basis and neither confirms nor denies the existence of an investigation until we bring charges against someone involved. We cannot provide you with updates on the status of your complaint or of any pending SEC investigation…”
The SEC complaint and correspondence are posted at http://fight-back.us/forum/index.php?showtopic=772
Ms. Baker continues to offer a reward for information leading to the identification of the responsible persons at http://mylitigation.net/pr/news/release/1000_reward_for_info_leading_to_conviction_of_wellstone_filters_otcbbwlsf/
# # #
Recent Blogroll Additions……
[...]usually posts some very interesting stuff like this. If you’re new to this site[...]……
Read was interesting, stay in touch……
[...]please visit the sites we follow, including this one, as it represents our picks from the web[...]……
Sites we Like……
[...] Every once in a while we choose blogs that we read. Listed below are the latest sites that we choose [...]……
Awesome website…
[...]the time to read or visit the content or sites we have linked to below the[...]……
Sites we Like……
[...] Every once in a while we choose blogs that we read. Listed below are the latest sites that we choose [...]……
Awesome website…
[...]the time to read or visit the content or sites we have linked to below the[...]……
Online Article……
[...]The information mentioned in the article are some of the best available [...]……
Websites worth visiting…
[...]here are some links to sites that we link to because we think they are worth visiting[...]……
Blogs ou should be reading…
[...]Here is a Great Blog You Might Find Interesting that we Encourage You[...]……
Superb website…
[...]always a big fan of linking to bloggers that I love but don’t get a lot of link love from[...]……
Awesome website…
[...]the time to read or visit the content or sites we have linked to below the[...]……
Recommeneded websites…
[...]Here are some of the sites we recommend for our visitors[...]……
…related post…
[...]very interesting info ! . [...]…
Superb website…
[...]always a big fan of linking to bloggers that I love but don’t get a lot of link love from[...]……
Links…
[...]Sites of interest we have a link to[...]……
london properties…
http://roxburygreenpower.com/the-backlinks-indexer/…
gay men…
http://realestate-homeloans.info/about-loan-origination-fees-and-pmi/…
Your Trackbacks…
[...]just below, are some totally unrelated sites to ours, however, they are definitely worth checking out[...]…
Check this out…
[...] that is the end of this article. Here you’ll find some sites that we think you’ll appreciate, just click the links over[...]……
Gems form the internet…
[...]very few websites that happen to be detailed below, from our point of view are undoubtedly well worth checking out[...]……
…Visitor recommendations…
[...]F*ckin� awesome things here. I�m very glad to see your article. Thanks a lot and i’m looking forward to contact you. Will you please drop me a mail?[...]…
Sources…
[...]check below, are some totally unrelated websites to ours, however, they are most trustworthy sources that we use[...]……
Your Trackbacks…
[...]the time to read or visit the content or sites we have linked to below the[...]…
Your Trackbacks…
[...]here are some links to sites that we link to because we think they are worth visiting[...]…
Your Trackbacks…
[...]here are some links to sites that we link to because we think they are worth visiting[...]…
Awesome website…
[...]the time to read or visit the content or sites we have linked to below the[...]……
You should check this out…
[...] Wonderful story, reckoned we could combine a few unrelated data, nevertheless really worth taking a look, whoa did one learn about Mid East has got more problerms as well [...]……
Great website…
[...]we like to honor many other internet sites on the web, even if they aren’t linked to us, by linking to them. Under are some webpages worth checking out[...]……
Related……
[...]just beneath, are numerous totally not related sites to ours, however, they are surely worth going over[...]……
Recommeneded websites…
[...]Here are some of the sites we recommend for our visitors[...]……
Your Trackbacks…
[...]while the sites we link to below are completely unrelated to ours, we think they are worth a read, so have a look[...]…
Your Trackbacks…
[...]here are some links to sites that we link to because we think they are worth visiting[...]…
gry w kulki…
You can definitely see your enthusiasm in the paintings you write. The arena hopes for more passionate writers like you who aren’t afraid to mention how they believe. Always go after your heart. “There are only two industries that refer to their cust…
Your Trackbacks…
[...]while the sites we link to below are completely unrelated to ours, we think they are worth a read, so have a look[...]…
Best Free Image Hosting…
[Undeniably believe that which you said. Your favourite reason appeared to be on the net the easiest factor to have in mind of. I say to you, I definitely get irked at the same time as other people think about concerns that they just do not realize abo…
Visitor recommendations…
[...]one of our visitors recently recommended the following website[...]……
…Click here for or more Information…
[...]I like this blog its a master peace ! . [...]…
Just Below…
[...]just below, are some totally unrelated sites to ours, however, they are definitely worth checking out[...]……
Best Free Image Hosting…
[That is really interesting, You are an overly skilled blogger. I have joined your rss feed and stay up for in quest of extra of your great post. Additionally, I’ve shared your site in my social networksI’d like to add more information to your post s…
King Commissions…
[...]check below, are some absolutely unrelated internet sites to ours, nevertheless, they’re most trustworthy sources that we use[...]…
Website worth visiting…
below you’ll find the link to some sites that we think you should visit…
Websites worth visiting…
[...]here are some links to sites that we link to because we think they are worth visiting[...]……
Related……
[...]just beneath, are numerous totally not related sites to ours, however, they are surely worth going over[...]……
oneecig…
I was very happy to search out this internet-site.I needed to thanks to your time for this wonderful learn!! I undoubtedly having fun with each little bit of it and I’ve you bookmarked to check out new stuff you blog post….