202 E. McDowell Rd, Suite 173 Phoenix, AZ 85004This company is not registered with the Arizona Corporation Commission or with the Maricopa County Recorder (a violation of ARS 44-1236). Finally, they are not registered with the Secretary of State as required by ARS 44-1272. I went ahead and drove to this location and found that the directory lists the name as Sunbelt Communications and the lettering on the window for the suite is PRW Consulting. It should be noted that there is a citation by the FCC against A Sunbelt Marketing. I suspect this is the same company but can't prove it.
Now, they are located at the Los Olivos Hotel & Professional Center (really, I'm not making this up) which has a phone number for the Professional Center of 602-252-1832. I'm probably going to try to call them and see if I can actually get the name of the person who is leasing the space as "Sunbelt". If you beat me to it, let me know.
The documentation from the Minnesota case shows that the SOP for these people is that they are incorporated in NV, and they setup phone banks in remote cities, but don't bother paying attention to the law there.
Now, here is some history: Sunbelt Communications and Marketing is the successor to American Blast Fax. If you ask them, they'll tell you that ABF was bught out by Sunbelt. This is not true. ABF was eviscerated by the State of Texas, so they simply re-incorporated into another name, in another state. As proof, you can look up ABF on the Texas Corporation page and the Nevada Corporation page.
We do not send out faxes. These faxes were sent by a fax company, who won that right in federal court. If the plaintiff insists on pursuing this we will counter sue for attorney fees under rule 11 of AZ State Law. Please transfer this case to Superior Ct and we will consult our attorney.Not suprisingly, they seem to be a bit ignorant of the law. If they want to transfer the case they have to pay the transfer fee, which they have not. If they do transfer the case, then naturally I will have to get an attorney, and I'll try to get it certified class action. They also kindly sent me copies of the recent MO court decision in American Blast Fax's favor. Most people think this will be overturned (isn't that what the people always say when they like one side over another ;), but it is really irrelevant, as the law of the land still says it's illegal, according to my understanding (this is because of the 9th Circuit's decision in Destination Ventures Limited v. FCC.) My plan is simply to wait. The court will send a notice on hearing or trial date and I'll wait for that. If they don't actually transfer it I'll still get my venue. The small claims clerk said that typically the date would be set for 40-60 days out, so I suspect I won't hear from them for a while. They have until 10 days before the hearing to transfer it, so it could be a couple of months.
