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Background
A telephone facsimile, or “fax” machine is able
to send and receive data (text or images) over a telephone line.
The Telephone Consumer Protection Act of 1991 (TCPA) and Federal
Communications Commission (FCC) rules prohibit sending unsolicited
advertisements, also known as “junk faxes,” to a fax machine. This
prohibition applies to fax machines at both businesses and
residences.
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Definitions
An “unsolicited advertisement” is defined
as “any material advertising the commercial availability or
quality of any property, goods, or services which is
transmitted to any person without that person’s prior express
invitation or permission.” Beginning July 1, 2005, a person
may grant permission to send a fax advertisement only with a
signed, written statement that includes the fax number to
which any advertisements may be sent. Until July 1, 2005, a
fax sender may continue to rely on an “established business
relationship” for permission to fax an advertisement. Just
because your fax number is published or distributed does not
mean others have permission to send you unsolicited
advertisements. |
FCC Regulations
The FCC has amended rules to regulate the
delivery of facsimile advertisements. The rules state:
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Beginning July 1, 2005, it is unlawful to send
an unsolicited advertisement to a facsimile machine without the
prior written permission of the recipient of the advertisement;
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The business or entity on whose behalf the fax
is being sent must identify itself in the top or bottom margin of
each page or on the first page of the fax message, and must
include its telephone number and the date and time the fax is
sent;
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If a facsimile broadcaster (the person or
entity transmitting messages to a fax machine on another person’s
behalf) demonstrates a “high degree of involvement” in the
sender’s facsimile messages, such as supplying the facsimile
numbers to which a message is sent, the facsimile broadcaster must
provide its name on the fax;
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A facsimile broadcaster may be liable if it
supplies facsimile numbers to a business or entity sending
unlawful fax advertisements; and
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Faxes sent to fax servers and personal
computers are covered by the faxing rules.
How the FCC Can Help
The FCC has taken numerous enforcement actions,
including the issuance of citations and fines, against companies for
violations and suspected violations of the TCPA’s prohibition
against unsolicited faxes. Consumers who have received unsolicited
faxes are encouraged to contact the FCC regarding the incident(s).
You may need to provide documentation in support of your complaint,
such as copies of the fax(es) you received.
If you have received an unsolicited fax or
received a fax from someone who hasn’t received your prior express
permission, you may file a complaint by completing the FCC’s on-line
Consumer Complaint Form at www.fcc.gov/cgb/complaints.html,
or by calling the FCC’s Consumer Center at 1-888-CALL-FCC
(1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835- 5322) TTY.
You can also send a letter
summarizing the complaint to:
Federal Communications
Commission
Consumer & Governmental Affairs Bureau
Consumer
Inquiries and Complaints Division
445 12th Street,
SW
Washington, DC 20554
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Additional Places to Go for Help
You can also file TCPA-related complaints with your state
authorities, including your local or state consumer protection
office or your state Attorney General’s office.
It is also possible to bring a private suit against the
violator in an appropriate court of your state. Through a
private suit, you can either recover the actual monetary loss
that resulted from the TCPA violation, or receive up to $500
in damages for each violation, whichever is greater. The court
may triple the damages for each violation if it finds that the
defendant willingly or knowingly committed the
violation. |
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