Unsolicited Junk Fax Class Action Attorneys

Under the Federal Telephone Consumer and Protection Act (TCPA) of 1991 and the Junk Fax Prevention Act of 2005, any entity that sends an unsolicited fax to a business or individual without their permission is subject to a fine. An “unsolicited fax” is any advertisement for the commercial availability or quality of goods and/or services sent to someone without their prior express written invitation.

TCPA and the Junk Fax Prevention Act both give private citizens the right to sue to stop future transmissions of junk faxes and collect monetary damages for each junk fax. There is a $500.00 fine for every junk fax sent, which is increased to $1,500.00 if the recipient can show knowledge and intent on behalf of the sender.  There are two types of potentially responsible parties in these cases: fax broadcasters and fax advertisers. Fax broadcasters are companies that create a database of fax numbers and actually send out the faxes. Fax advertisers hire the fax broadcasters to send out their advertisements.

Visit this link to the Federal Communications Commission (FCC) for more information about what consumers need to know about junk fax advertising: FCC Consumer Facts Regarding Junk Faxes

The Law Regarding Junk Faxes

The TCPA makes it unlawful to transmit unsolicited facsimiles (hereinafter “Junk Faxes”).  The TCPA also makes it unlawful “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).  The TCPA defines “unsolicited advertisement” as “any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s express invitation or permission” (i.e. Junk Faxes).  See 47 U.S.C. §§ 227(a)(4).  Junk Faxes impose unwanted burdens on the contacted party, including the costs of paper and ink and making fax machines unavailable for legitimate business purposes. The TCPA provides a private cause of action to persons who receive Junk Faxes in violation of 47 U.S.C. § 227(b)(1)(C).  See 47 U.S.C. § 227(b)(3).  Accordingly, if you have received unsolicited junk faxes, contact a Nationwide TCPA Attorney immediately for a FREE CONSULTATION.

Junk Fax Law Firm

There are certain circumstances under which a business may be able to send you unsolicited faxes, such as if you have an existing business relationship, if they provide you with instructions for requesting a cessation of contact and if they provide you with a telephone number to opt out, to name a few conditions. If, however, the fax does not comply with these provisions, you may have grounds for legal action.

As soon as you receive an unsolicited fax which that you believe violates State or Federal laws, contact our Junk Fax Class Action Lawyers for assistance.  Mr. Mendelsohn and our Spam Fax attorneys are ready to provide the one-on-one attention you need and deserve.  For your free consultation with a Junk Fax Attorney, fill out our contact form or call us at 973-228-0391.

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