What’s the Deal With Junk Faxing?

| Posted: 22-02-2008 | Comments: 0 | Views: 10 | Rating: (50)

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Have you ever received an unsolicited -“junk”- fax without your permission? If you have, you’re not alone; junk faxes are quite common. However, you don’t have to put up with them because sending junk faxes is illegal. Federal law states that no individual is permitted to use a facsimile machine, computer, or any other device, for the purpose of sending an unsolicited advertisement to a fax machine without the individual’s permission or express invitation.

The only companies that are allowed to send you a fax solicitation are businesses that you have an existing relationship with. That being said, even these companies are not permitted to send you advertisement faxes unless you have given them written consent that includes your signature.

Nevertheless, should you change your mind and you no longer wish to receive fax advertisements from the company, you can contact the company and ask to be placed on their company-specific do not call list. By law, the company must have this list and respect your wishes to be added to it, and not attempt to contact you any sooner then 12 months after your request.

Another rule that applies to companies that send fax messages is that any fax has to clearly indicate the following within either the top or bottom margins of the first page of each transmission, or of each page that is transmitted:

•Date and time the fax was sent

•The name of the sender

•The fax broadcaster (if relevant)

•The phone number (cannot be a 900 number) of the sender or sending machine

If you ever have a problem with unsolicited faxes, here are the different options you can put into practice to effectively deal with the issue:

•Contact the toll-free number listed on the fax and ask the sender to stop sending you faxes. Make sure you save the unsolicited faxes you receive, as they are evidence of the violation. You should also record the date the violation occurred, as well as the name of the person with whom you spoke when you called to request for the faxes to stop.

•File a complaint with the Federal Communications Commission.

•Talk to an attorney about the fax violation to see if you can file a private lawsuit against the fax sender. You may also be able to file a suit in small claims court under the federal Telephone Consumer Protection Act.

In addition, you can complain about any other type of telemarketing issues and see where they are faxing from here.

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About the Author:

Gloria is highly involved in consumer telephone privacy laws, and telecommunications industry regulation.

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