Junk Fax Lawsuit
Last Updated on June 26, 2017
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At A Glance
- This Alert Affects
- Businesses that received unsolicited "junk faxes."
- Damages
- Recipients of junk faxes may be entitled to sue the sender for compensation, a minimum of $500 per violation.
- Company(ies)
- Any business sending junk faxes
- Additional Details
- Junk faxes are defined as unsolicited advertisements or advertising material that is sent without the person's invitation or permission.
Receiving Junk Faxes?
Businesses which received unsolicited or “junk faxes” may have legal recourse to collect financial compensation. Federal law provides these companies the opportunity to sue the sender for a minimum of $500 per violation and an end to the unsolicited faxes. If a court finds that the sender willing violated the law, the claimant may receive up $1,500 per fax.
Consumer Complaints Regarding Unsolicited Faxes
Consumers have complained that junk faxes not only waste their time, but also eat up resources, such as paper and ink, with each incoming fax. Others have further expressed that the unsolicited faxes clog up phone lines when trying to send out important faxes, while at-home workers claim that the incoming faxes are keeping them up at night. Even with federal laws concerning junk faxes, many continue to receive unsolicited ads promoting a product or service, ranging from merchandise to get rich quick schemes or questionable travel deals.
Are Junk Faxes Legal?
The Telephone Consumer Protection Act states that it is illegal to send unsolicited faxes, and has set fines for those violating the law. The Junk Fax Prevention Act of 2005, however, allows for the sending of unsolicited faxes to those with which the sender has an “established business relationship.” The FCC has defined an established business relationship as a “prior or existing relationship formed by a voluntary two-way communication.” These senders must still abide by certain requirements, however, including notice on the fax that permits the recipients to opt-out of future faxes.
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