Tag Archives: junk fax

The Incredible Nuisance of Junk Faxes

Unsolicited faxes damage their recipients. A junk fax recipient loses the use of its fax machine, paper, and ink toner. An unsolicited fax wastes the recipient’s valuable time that would have been spent on something else. A junk fax interrupts the recipient’s privacy. Unsolicited faxes prevent fax machines from receiving authorized faxes, prevent their use for authorized outgoing faxes, cause undue wear and tear on the recipients’ fax machines, and require additional labor to attempt to discern the source and purpose of the unsolicited message.

In 1991, Congress enacted the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”) to regulate the explosive growth of the telemarketing industry. In so doing, Congress recognized that “unrestricted telemarketing . . . can be an intrusive invasion of privacy . . .” See 47 U.S.C. § 227, Congressional Statement of Findings #5. Specifically, in enacting the TCPA, Congress outlawed telemarketing via unsolicited facsimile (“Junk Fax”). See 47 U.S.C. §227(b)(1)(C).

Section 227(b)(1)(C) of the Act makes it “unlawful for any person within the United States. . . to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement.” See 47 U.S.C. § 227(b)(1)(C); see also 47 C.F.R. § 64.1200(a)(3).

Under the TCPA, recipients of unsolicited fax advertisements can file suit in federal or state court to collect the greater of $500 or actual damages for each violation, and/or obtain an injunction. See 47 U.S.C. § 227(b)(3)(B). If a court determines that the violations were willful or knowing, damages can be tripled. This means that every distinct junk fax sent out could result in damages of $1,500.

Example of a “Junk Fax”:

junk fax from regents capital finance

IF RECEIVE UNWANTED TEXT MESSAGES, ROBOCALLS, OR FAXES FROM A BUSINESS, YOU ARE WELCOME TO CONTACT US. THE LEONARD LAW OFFICE, LLP IS ACCEPTING NEW TCPA CASES. 

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Junk Fax, Junk Text, and Junk Call Cases

TCPA Cases

Leonard Law Office, PC is representing clients who have been subjected to unwanted calls on their cell phones placed by autodialling equipment in violation of the Telephone Consumer Protection Act (“TCPA”).  Unwanted text messages and faxes from business also usually violate the TCPA.

Homer Simpson's Autodialer
Homer Simpson’s Autodialer

Surprising, but True – Big Companies Violate the TCPA

Like Homer Simpson, some companies are stupid. Like Homer, it is as though they don’t know enough to stay out of trouble.  However, it’s usually not funny when U.S. corporations break the law. Whenever a business uses autodialling equipment to contact consumers’ cell phones and they do not not have express written persmission to do so, it is unlawful. The same goes for text messages, and faxes.  Companies such as Jiffy Lube, Walmart, Target, and Burger King have been hit with class actions for alleged violations of the TCPA. Continue reading

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