Christine Baker
Tel: [deleted]
Fax: 571-222-1000
Email: [deleted]

ATTN: Sean Ashkan Haghi
Broker of Record
Loan Qwest Funding

Via fax to 1 (714) 549-7300 – 4 pages total – no cover – no hard copy to follow

October 27, 2005

Re: Notice of publication, request for comments re. DRE complaint and settlement offer

Dear Mr. Haghi:

I am writing to summarize our telephone conversation earlier today, to provide you with the opportunity to settle my legal claims related to the junk fax, to review my DRE complaint for accuracy and to submit your comments for inclusion in my press release.

I posted the “ConsumerLinknow” fax at http://fight-back.us/forum/index.php?showtopic=977 for your review. While the fax identifies the sender as “ConsumerLinknow”, I was unable to locate this company and I therefore presume that it is as false ID, a second violation of the TCPA in addition to the unsolicited faxing. See 47CFR68.318.

I am seeking $500 for each of the two violations and treble damages. I learned today that you or one of your agents settled at least one TCPA suit earlier this year. I also have the legally recorded phone conversations (I’m in Arizona) with your unlicensed loan agent Sherman, who stated that he knew which faxed ad I was calling on.

Mr. Haghi, you are also personally liable as you stated today that you called the marketer about the faxes, especially because you chose to protect the junk faxers, refusing to identify the person you spoke with and refusing to provide me with your contract with the faxers.

You have the right to protect those thugs, but YOU will be paying the price.

In 1995, the FCC established the advertisers' liability in the FCC Reconsideration Order 12391 in paragraph 31:

“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” [emphasis added]

Additionally, agency law makes Loan Qwest Funding liable for the acts of its agents, the marketers. International Art Co. v. FTC, 109 F.2d.393, 396 (1940, 7th Cir.) ; see also, Standard Distributors v. FTC, 211 F.2d. 7, 13 (1954, 2nd Cir.) [principal liable for acts of salesmen in violation of their instructions and despite honest efforts by principal which were well calculated to prevent such violations]

1) I am offering to settle the TCPA and advertising violations for $3,000 by 5 PM Friday, 10/28/05

2) I am offering to reduce the amount to $2,000 if you provide me with your contract with the faxers and your notarized affidavit certifying its authenticity.

3) Settlement proceeds in excess of $500 to be donated to a charitable organization of my choice.

4) Please review my attached DRAFT of my DRE complaint for accuracy and advise of any inaccuracies.

5) Please provide me with all terms including FICO score requirements for the advertised loan.

Please respond by fax to 571-222-1000 by 5 PM. Should I not hear from you, I will assume that my allegations are accurate and I will proceed with my publications, complaints and a press release about your deplorable conduct. See http://mylitigation.net/

All communications are subject to publication and admissible in court.

Very truly yours,



Christine Baker

C: posted at http://fight-back.us/forum/index.php?s=&showforum=84