Do you:
- Hate receiving unwanted faxes from known or unknown senders?
- Hate getting disturbed early in the morning or late at night due to fax calls (even if you don’t have a fax machine)?
- Hate having your fax machine, ink, or paper used up by someone who is breaking the law?
- Want these criminals to pay you for taking up your time and resources?
- Want to put an end to their behavior?
Telemarketers are finding increasingly devious ways to contact you, and we can help!
The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, is a federal law passed in 1991 that restricts the use of the fax machine to deliver unsolicited messages such as goods, services, and advertisements regarding the commercial availability and/or quality of a property.
Specifically, the TCPA prohibits the use of “any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.” The TCPA applies only to those facsimile messages that constitute “unsolicited advertisements.” The statutory prohibition applies to such advertisements and both to residential and business facsimile numbers.
In 2005, the Junk Fax Prevention Act amended the TCPA to permit the sending of unsolicited facsimile advertisements as long as the sender and receiver have an established business relationship (EBR). However, both sides must agree to this relationship! Among other things, 47 C.F.R. § 64.1200 requires the sender of fax advertisements to provide notice and contact information on the fax that allows recipients to opt out of future fax transmissions from the sender and requires senders to honor opt out requests within the shortest reasonable period of time, not to exceed 30 days.
“The scourge of commercial faxing won’t stop until there is a critical mass of litigants.”
-Chris Hoofnagle, PhD, Professor, Cal-Berkeley, Legislative Counsel, Electronic Privacy Information Center, https://epic.org/
So, if someone is sending you spam faxes without your prior consent, it is very possible that they are liable. We can help you end these pestering calls and faxes!
Call Paramount Law Consumer Protection Attorneys at 918-200-9272 (toll-free 800-350-2707) for a free case evaluation. Together, we can Stop Junk Faxes NOW!
