Getting Rid of Unwanted Faxes!
A telephone facsimile (or "fax") machine is able to send and receive data (text or images) over a telephone line. The Telephone Consumer Protection Act of 1991 (TCPA) and Federal Communications Commission (FCC) rules prohibit sending unsolicited advertisements, also known as "junk faxes," to a fax machine. This prohibition applies to fax machines at both businesses and residences.
What Does That Mean?
An "unsolicited advertisement" is defined 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 prior express invitation or permission."
A person may grant permission to send a fax advertisement only with a signed, written statement that includes the fax number to which any advertisements may be sent. Just because your fax number is published or distributed does not mean others have permission to send you unsolicited advertisements!
Regulating Faxes is the FCC Business
The FCC's rules regulate the delivery of facsimile advertisements. The rules state:
- It is unlawful to send an unsolicited advertisement to a facsimile machine without the prior written permission of the recipient of the advertisement
- The business or entity on whose behalf the fax is being sent must identify itself in the top or bottom margin of each page or on the first page of the fax message, and must include its telephone number and the date and time the fax is sent.
- If a facsimile broadcaster (the person or entity transmitting messages to a fax machine on another person's behalf) demonstrates a "high degree of involvement" in the sender's facsimile messages, such as supplying the facsimile numbers to which a message is sent, the facsimile broadcaster must provide its name on the fax
- A facsimile broadcaster may be liable if it supplies facsimile numbers to a business or entity sending unlawful fax advertisements
- Faxes sent to fax servers and personal computers are covered by the faxing rules
The FCC Enforcer
The FCC has taken numerous enforcement actions, including the issuance of citations and fines, against companies for violations and suspected violations of the TCPA's prohibition against unsolicited faxes. Consumers who have received unsolicited faxes are encouraged to contact the FCC regarding the incident(s). You may need to provide documentation in support of your complaint, such as copies of the fax(es) you received
If you have received an unsolicited fax advertisement you believe violates the TCPA or Commission rules, you may file a complaint by completing the FCC's on-line Consumer Complaint Form at http://www.fcc.gov/cgb/complaints.html, or by calling the FCC's Consumer Center at 1-888-CALL-FCC (1-888-225-5322) voice, or 1-888-TELL-FCC (1-888-835-5322) TTY. You can also send a letter summarizing the complaint to Federal Communications Commission. The address is on their website.
You can also file complaints with your state authorities, including your local or state consumer protection office or your state Attorney General's office.
It is also possible to bring a private suit against the violator in an appropriate court of your state. Through a private suit, you can either recover the actual monetary loss that resulted from the TCPA violation, or receive up to $500 in damages for each violation, whichever is greater. The court may triple the damages for each violation if it finds that the defendant willingly or knowingly committed the violation.
Our Stand on Unwanted Faxes
Chamberlain Communications no longer offers stand alone faxing services due to the abuse of such services. You can, however, get a fax line through Packet8 Broadband or any of our Long Distance Providers
Before using any fax service, take the time to learn all about how to send a fax at atfax.com. If you are going to do something learn to do it right!