Fax machines send and receive data over a telephone line. Faxes come in the form of text or images. In 1991, the Telephone Consumer Protection Act (TCPA) was passed to prohibit sending unsolicited advertisements to a fax machine. These advertisements are known as “junk faxes.” This law applies to both business and residential fax machines.
Any material advertising the commercial availability or quality of any goods or services which is transmitted to someone without that person’s permission is an unsolicited advertisement. Beginning January 1, 2005, someone may give permission to send a fax advertisement only with a signed, written statement, including the fax number to which any advertisements may be sent. Before January 1, 2005, someone who sends faxes may continue to rely on “established business relationships” as permission to fax such an advertisement. Others do not have permission to send you unsolicited advertisements just because your fax number is published or distributed.
The Federal Communications Commission (FCC) regulates the delivery of faxed advertisements. The rules are:
There are some measures you can take if you have received an unwanted fax, including:
A lawyer who has experience with these issues may be able to help you determine the proper course of action. A business lawyer would be able to determine if you should contact the FCC or if the violations are serious enough to warrant a lawsuit.
Last Modified: 07-03-2018 11:58 PM PDTLaw Library Disclaimer
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