Known By The Company You Keep
By way of reminder, this blog has endorsed Mike Hough for delegate in District 3B so we aren't disinterested observers. Mike should be in the House of Delegates at this moment were it not for the actions of a handful of Vichy-Republicans from my own Washington County.
The contrast between Mike, who is running on a conservative, pro-growth agenda, and Charles Jenkins, whose campaign seems to be composed, equally of two parts -- hoping to be mistaken on the ballot for popular Frederick County Sheriff Chuck Jenkins and sniveling because he has to face an opponent in the primary election -- could not be more stark.
Having said that, Jenkins is nothing if not consistent. During his inaugural session in Annapolis he sided with the Democrats against most Republicans in supporting SB 118 and SB 119 which raised the threshold of a jury trial in a civil case from $10K to $20K, an action loudly panned by the Maryland Chamber of Commerce and the Maryland Tort Reform Coalition. This past weekend he held a fundraiser at the home of Mr. Michael Parrotte.
Mr. Parrotte is a founder of AGV Sport of Buckeystown. While AGV Sport's main line of business revolves around motorcycle racing it has an interesting avocation: filing lawsuits against small businesses.
According to the Maryland Courts website, AGV Sport has been a plaintiff in 22 lawsuits in the past two years. We can't view filings but they are against operations like Toppings Pizza of Frederick and Liturgical Publications, Inc. over, we are told, advertisements and flyers sent to AGV Sport via fax.
Maybe these two cases are an anomaly and LRP Publications did something really, really bad but the image it leaves, while neither illegal or immoral, is rather unseemly.
Curbing the use of lawsuits has long been a touchstone of Republican and conservative politics. And in the absence of the actual court filings we obviously can't characterize the litigation filed by AGV Sport as abusive or frivolous.
Having said that we can say that Jenkins owes an explanation for those lawsuits. This should pose little burden on Jenkins or his campaign if he attempted anything approaching due diligence before agreeing to this fund raiser.
10 comments:
Curbing the use of lawsuits has long been a touchstone of Republican and conservative politics. And in the absence of the actual court filings we obviously can't characterize the litigation filed by AGV Sport as abusive or frivolous.
***Then why do you create this impression? !! ***
Having said that we can say that Jenkins owes an explanation for those lawsuits. This should pose little burden on Jenkins or his campaign if he attempted anything approaching due diligence before agreeing to this fund raiser.
Why would Charles Jenkins or any of the other prominent politicians who attending the event have to explain anything about litigation that AGV Sports Group is involved in?
***** If anyone really cares to know about these cases just call me, write me, or email me and I would be happy to answer any questions including the causes of actions in these laws suits which involve violations of both Federal and Maryland State law by the defendants. ********
Michael Parrotte
P.O. Box 378
Buckeystown, Maryland, 21717
301-663-4550
michael@agvsport.com
www.agvsport.com
I've no intention of engaging in a slanging match with you in light of the information in the post and, more specifically, in your comment because Heaven forfend I might find myself in violation of Maryland, Federal, and Intergalactic law.
It would seem to a person untutored in the nuances of litigation that it the same space you used to get huffy and blow smoke you could just as easily explained how a pizza joint and a publisher of parish bulletins were going to bring about the end of Western civilization.
As to justifying presence, it is up to the prudential judgement of public officials to decide what kind of behavior they wish to associate with. It is up to the judgment of the electorate to decide if they agree.
It seems by your sarcastic reference of “intergalactic law” alongside Maryland a Federal law that you don't have much respect for the "Rule of Law" in this country. It seems absurd that only criminal actions that would "bring an end to Western Civilization" would rise to your standard of what should be enforced. It is not possible as you suggest to briefly explain this blog the violations of the Telephone Consumer Protection Act (TCPA) that were committed, however anyone that is interested in education themselves on this matter can look at the Federal statute. http://www.fcc.gov/cgb/policy/TCPA-Rules.pdf or the State remedies at http://www.michie.com/maryland/lpExt.dll/mdcode/443b/5851/5d2b/5d31?f=templates&fn=document-frame.htm&2.0#JD_cl14-3202
As a business owner myself I am opposed to “frivolous” litigation which these cases are not. I am sure that any person or business that has had to deal with endless telemarketers, junk fax broadcasters or email spammers understands the seriousness of this problem.
The public wanted TCPA laws and they are in place and should be enforced, just like immigration laws. If the public changes their mind (why would they?) they the laws can be repealed.
It is quite easy to note that the co-plaintiffs in many of these cases are themselves small business owners and doctors and attorneys who are victims of this illegal practice.
I am not sure what the angle is to attack Charles Jenkins on this issue. But why not include Governor Ehrlich also since for the past two months his campaign has been using my warehouse to store hundred of 4 x 8 signs and yards sings for distribution all over Frederick County?
This litigation is really a non issue and has no connection to any of the Republican candidates I am assisting.
Michael Parrotte
AGV Sports Group, Inc.
301-663-4550
michael@agvsport.com
www.agvsport.com
Most of AGV's suits appear to be small claims lawsuits against companies that have improperly and illegally bombarded its fax machines. I know that I am tired of my business fax line getting hit by spammers, chewing my bandwidth and adding to my paperwork burden. It seems that the defendants are professional publishers of advertising material, i.e. folks who seriously should know better.
My business has a trash can. One of those cylindrical thingies. That's where we put trash. We don't sue pizza parlors because they sent a menu.
The concept, apparently lost on a lot of people, is called proportionality. It's the "don't be a dick" rule.
It is quite apparent that you just cannot grasp the purpose, the scope or the content of this law and the point of our law suits.
The companies that “Broadcast” junk faxes are the primary target. In addition many of these companies generate millions of dollars a year in business and could located anywhere in the US and often outside its borders. It is basically the same scenario as for email spam.
Any person that believes in the rule of law does not allow exceptions based on their personal references. This is how corrupt countries legal systems work. In our cases almost all the cases against small business are dropped or settled for court costs if they will turn over information on the FAX broadcaster they used. These “broadcasters” are often shady companies operating in areas which are clearly illegal. Often the principals and managers of these companies have a criminal background. In one case several years ago a junk fax broadcaster from near Atlantic City New Jersey threatened assault to me and a 21 year old receptionist working for me. That company was the broadcaster for your “buddy” the Pizza parlor. So if your “don’t be a dick rule" means you don’t respect the rule of law and you look the other way when a law is violated if they happened to be “local” then I am very proud to say I don’t ever follow your rule.
You concept of “proportionality” does not apply here either because you have not taken the time to research this issue at all. One sender may be directly responsible for requesting that 10 junk faxes be sent out for a given time period. What you have not figured out is that the broadcaster they are using is sending out hundreds of thousands, maybe millions of illegal faxes just like or very similar to the “10” sent by the local business.
Also while your time used to dispose of the junk faxes may not be that valuable to you, mine is. It also seems clear that you have failed to understand the other two problems caused by this illegal activity and why the TCPA was enacted in the first place. 1. When a FAX machine is in use receiving junk faxes actual customers cannot efficiently and quickly fax their legitimate information. 2. Toner cartridges for these machines are about $140.00 each and over 80% of the faxes we receive are junk faxes so essentially $112.00 of every cartridge is used to receive junk faxes.
If you don’t like a law then amend it or appeal it but don’t look the other way and select which laws to enforce. This is exactly what is being done by the Federal government with much of our immigration law. If we pick and choose who we will enforce what laws on then we are just another banana republic.
Michael Parrotte
michael@agvsport.com
301-305-5050
in Addition your concept of “proportionality” does not apply here either because you have not taken the time to research this issue at all. One sender may be directly responsible for requesting that 10 junk faxes be sent out for a given time period. What you have not figured out is that the broadcaster they are using is sending out hundreds of thousands, maybe millions of illegal faxes just like or very similar to the “10” sent by the local business.
Also while your time used to dispose of the junk faxes may not be that valuable to you, mine is. It also seems clear that you have failed to understand the other two problems caused by this illegal activity and why the TCPA was enacted in the first place. 1. When a FAX machine is in use receiving junk faxes actual customers cannot efficiently and quickly fax their legitimate information. 2. Toner cartridges for these machines are about $140.00 each and over 80% of the faxes we receive are junk faxes so essentially $112.00 of every cartridge is used to receive junk faxes.
If you don’t like a law then amend it or appeal it but don’t look the other way and select which laws to enforce. This is exactly what is being done by the Federal government with much of our immigration law. If we pick and choose who we will enforce what laws on then we are just another banana republic.
Michael Parrotte
Actually, with every succeeding post you are giving us all a much clearer view of a lot of things.
Look, I see people driving while using their cellphones. I don't chase them down. People do rolling stops. They change lanes with out using a turn signal. Laws are broken all the time and yes, there are a lot of laws that aren't vigorously enforced. None of that means anything to just about anyone.
You're free to conduct your personal and business affairs any way you see fit. It is a free country.
Just don't expect anyone to buy your profoundly boneheaded explanation for doing what you are doing.
So goodbye. Thanks for sharing your views. Remind me never to do business with you.
You compare suing the broadcasters of junk faxes to chasing down people in their cars for cell phone use. That is not a correct or fair analogy. We as private citizens have no right to enforce traffic laws. That is the sole the domain of law enforcement officers.
The Federal Telephone Consumer Protection Act is a Federal law passed specifically to empower private citizens to sue junk faxers and telemarketers and obtain damages and to obtain injunctive relief to halt further illegal activity.
The TCPA is a strong "Private Attorney General Statute". Maryland acknowledge this by passing in 2004 the Maryland TCPA which incorporated the entire Federal statute.
to stop further illegal activity from these broadcasters.
I hope this gives you some insight into these laws.
No need to bother reminding you not to do business with me since we do not sell products to the public or to retailers. But thanks for the keen insight into the intellect behind this little blog.
Michael Parrotte
not true on the first. Ask one of your lawyers.
And thanks for the insight into your intellect, too. It will be instructive for a lot of people. Trust me.
Post a Comment