- 144
I haven't seen many posts about telemarketing to businesses by fax. I'm wondering who might of tried it and what was the result. It seems to me the cost is next to nothing.
Lou
Lou
- 546
I believe you must purchase an opt-in approved list to be on the correct side of the law now days.
- 14,808
fax blasting is illegal. period.
- 115
I thought that it was illegal to email blast like fax blasting. One of my agents called the WI OCI and they told him that email was OK. Is the law different depending on the state? I'll have to make my own phone call.
- 1,328
Emailing is ok, but you have to offer an opt-out link.
- 1,328
The "Can Spam" Act is a joke...
- 546
Junk Fax Law - the Telephone Consumer Protection Act of 1991
Federal Junk Fax Law Prohibits Sending Unsolicited Ads To Fax Machines
by Richard Keyt
December 3, 2001
The Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, makes it a violation of federal law for a person to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement (a "junk fax") to a telephone facsimile machine. The Act gives private citizens a right to sue to: (i) enjoin future transmissions, (ii) recover the greater of actual monetary damages or $500 in damages for each junk fax, or (iii) an injunction plus damages. If the court finds that the sender willfully or knowingly violated the Act, the court may increase the award up to three times the amount of damages.
Not every fax is a junk fax that violates the federal law. To be subject to the Act, a fax must be an "unsolicited ad." An ''unsolicited advertisement'' is any material advertising the commercial availability or quality of any property, goods, or services that is transmitted to any person without that person's prior express invitation or permission.
Identification Required on Fax Messages
The Act and the rules of the Federal Trade Commission require that any message sent to a fax machine must clearly mark on the first page or on each page of the message:
the date and time the transmission is sent;
the identity of the sender; and
the telephone number of the sender or of the sending fax machine.
All fax machines manufactured on or after December 20, 1992 and all facsimile modem boards manufactured on or after December 13, 1995 must have the capability to clearly mark such identifying information on the first page or on each page of the transmission.
How to Stop Receiving Junk Faxes
If you simply want to stop the sender from sending future junk faxes, examine the junk fax for a phone number to call or to which you can send a fax to ask to be put on the sender's do not call list. Usually this will stop the unwanted faxes. If you have a newer model fax machine and can determine the phone number that is sending the junk fax, configure your fax machine to reject calls from the junk faxer's phone number.
How to Obtain Damages for Violations of the Act
If you want the sender to pay you money damages for violating the Act, you may have to go through a two-step process. The first step is to send a demand letter to the sender of the fax and, if applicable, the commercial business whose business, product or service is advertised in the fax. If your demand for money does not produce the desired results, you may have to file a lawsuit seeking to enforce your rights.
Before you can send your demand letter, you must determine the name and address of the sender and the business it represents. This can sometimes be difficult. Many junk faxes, in violation of federal law and FTC regulations, do not indicate the sender's name, address or phone number. Many junk faxes violate the Act by not showing the date and time the transmission is sent; the identity of the sender; and the telephone number of the sender or of the sending fax machine.
Collect the Evidence
It is very important to collect the evidence to support your claims that a sender violated the Act. The primary evidence is the junk fax. If your fax machine is capable, configure it to make a log of all incoming faxes and also print the date and time of receipt on each incoming fax. Print the pertinent portions of your fax log that show when you received the junk fax. If the sender has a web site, go to the web site and print pages that contain company name, mailing address and phone numbers. Print copies of any other pertinent pages found on the web site. Make sure your browser is set to print the date and time of printing and the full URL of where the page was found on the internet.
If you communicate with the sender of a junk fax, make a copy of all correspondence, including outgoing and incoming email messages. If you talk on the phone with the sender or the sender's representative, make notes during your conversation. After the conversation, summarize the important points in your notes then put the date and time of the conversation on your notes and sign them.
Federal Junk Fax Law Prohibits Sending Unsolicited Ads To Fax Machines
by Richard Keyt
December 3, 2001
The Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, makes it a violation of federal law for a person to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement (a "junk fax") to a telephone facsimile machine. The Act gives private citizens a right to sue to: (i) enjoin future transmissions, (ii) recover the greater of actual monetary damages or $500 in damages for each junk fax, or (iii) an injunction plus damages. If the court finds that the sender willfully or knowingly violated the Act, the court may increase the award up to three times the amount of damages.
Not every fax is a junk fax that violates the federal law. To be subject to the Act, a fax must be an "unsolicited ad." An ''unsolicited advertisement'' is any material advertising the commercial availability or quality of any property, goods, or services that is transmitted to any person without that person's prior express invitation or permission.
Identification Required on Fax Messages
The Act and the rules of the Federal Trade Commission require that any message sent to a fax machine must clearly mark on the first page or on each page of the message:
All fax machines manufactured on or after December 20, 1992 and all facsimile modem boards manufactured on or after December 13, 1995 must have the capability to clearly mark such identifying information on the first page or on each page of the transmission.
How to Stop Receiving Junk Faxes
If you simply want to stop the sender from sending future junk faxes, examine the junk fax for a phone number to call or to which you can send a fax to ask to be put on the sender's do not call list. Usually this will stop the unwanted faxes. If you have a newer model fax machine and can determine the phone number that is sending the junk fax, configure your fax machine to reject calls from the junk faxer's phone number.
How to Obtain Damages for Violations of the Act
If you want the sender to pay you money damages for violating the Act, you may have to go through a two-step process. The first step is to send a demand letter to the sender of the fax and, if applicable, the commercial business whose business, product or service is advertised in the fax. If your demand for money does not produce the desired results, you may have to file a lawsuit seeking to enforce your rights.
Before you can send your demand letter, you must determine the name and address of the sender and the business it represents. This can sometimes be difficult. Many junk faxes, in violation of federal law and FTC regulations, do not indicate the sender's name, address or phone number. Many junk faxes violate the Act by not showing the date and time the transmission is sent; the identity of the sender; and the telephone number of the sender or of the sending fax machine.
Collect the Evidence
It is very important to collect the evidence to support your claims that a sender violated the Act. The primary evidence is the junk fax. If your fax machine is capable, configure it to make a log of all incoming faxes and also print the date and time of receipt on each incoming fax. Print the pertinent portions of your fax log that show when you received the junk fax. If the sender has a web site, go to the web site and print pages that contain company name, mailing address and phone numbers. Print copies of any other pertinent pages found on the web site. Make sure your browser is set to print the date and time of printing and the full URL of where the page was found on the internet.
If you communicate with the sender of a junk fax, make a copy of all correspondence, including outgoing and incoming email messages. If you talk on the phone with the sender or the sender's representative, make notes during your conversation. After the conversation, summarize the important points in your notes then put the date and time of the conversation on your notes and sign them.
- 546
Effect of the Junk Fax Prevention Act of 2005
Under the Junk Fax Prevention Act of 2005, the sender of an unsolicited advertisement sent to a person's fax machine is still liable for a minimum of $500 per page, and damages may also be trebled at the court's discretion upon a finding that the violation was willful or knowing. A "willful" violation is simply one that is "volitional"[5], while a "knowing" violation is one that occurs when the senders actually knew "or should have known" that he was potentially breaking a law, even without specific knowledge of the law.[6]
The statute is one of strict liability; even if one sends an unsolicited advertisement by fax by accident, minimum liability of $500 per page attaches. The only real defense for the sender is that the transmission was protected by the EBR exception created by the Junk Fax Prevention Act of 2005. To qualify the sender:
Under the Junk Fax Prevention Act of 2005, the sender of an unsolicited advertisement sent to a person's fax machine is still liable for a minimum of $500 per page, and damages may also be trebled at the court's discretion upon a finding that the violation was willful or knowing. A "willful" violation is simply one that is "volitional"[5], while a "knowing" violation is one that occurs when the senders actually knew "or should have known" that he was potentially breaking a law, even without specific knowledge of the law.[6]
The statute is one of strict liability; even if one sends an unsolicited advertisement by fax by accident, minimum liability of $500 per page attaches. The only real defense for the sender is that the transmission was protected by the EBR exception created by the Junk Fax Prevention Act of 2005. To qualify the sender:
- must already have an EBR with the recipient;
- must have received the recipient's fax number voluntarily from the recipient in the context of the EBR; and
- A notice on the first page of the unsolicited advertisement that instructs the recipient how to request that they not receive future unsolicited facsimile advertisement. 21 FCC Rcd 3787, 3800 (FCC 2006); and
- A domestic contact telephone number to opt out. 21 FCC Rcd 3787, 3800 (FCC 2006); and
- A facsimile machine number to opt out. 21 FCC Rcd 3787, 3800 (FCC 2006); and
- At least one cost-free mechanism for transmitting an opt-out request. 21 FCC Rcd 3787, 3800 (FCC 2006); and
- It must be available 24 hours a day, 7 days a week. 21 FCC Rcd 3787, 3818 (FCC 2006); and
- The notice must be clear and conspicuous and on the first page of the advertisement (21 FCC Rcd 3787, 3801 (FCC 2006); and
- The notice must be distinguishable from the advertising material through, for example, use of bolding, italics, different font, or the like. 21 FCC Rcd 3787, 3801 (FCC 2006); and
- It cannot be in the form of a "negative option. A facsimile advertisement containing a telephone number and an instruction to call if the recipient no longer wishes to receive such faxes, would constitute a "negative option" as the sender presumes consent unless advised otherwise. 21 FCC Rcd 3787, 3811 (FCC 2006); and
- the sender must honor all opt-out requests within a reasonable period of time (not to exceed thirty days).
- 14,808
Nixon lawsuit results in Texas blast faxer being permanently barred from faxing ads to Missourians
"In addition to stopping their violation of state laws, the defendants are also required by the default judgment to pay a civil penalty of $15,000 to the state and an additional $3,600 to cover the costs of the investigation and prosecution of the case. The judgment also states that any future violation of the terms and conditions of the defendants' permanent injunction would result in additional civil penalties of up to $5,000 per violation."
And how many millions do you have?
Fax Blast Goes Bust
Unsolicited fax advertisements are barred by federal law, the Telephone Consumer Protection Act, which provides heavy fines for each unsolicited fax. The dealership's owners claimed they didn't know that when they hired a company to conduct the fax blitz.
YOU are on the hook for fax blasting - NOT the fax blast company which is why fax blast companies are still operational!
"In addition to stopping their violation of state laws, the defendants are also required by the default judgment to pay a civil penalty of $15,000 to the state and an additional $3,600 to cover the costs of the investigation and prosecution of the case. The judgment also states that any future violation of the terms and conditions of the defendants' permanent injunction would result in additional civil penalties of up to $5,000 per violation."
And how many millions do you have?
Fax Blast Goes Bust
Unsolicited fax advertisements are barred by federal law, the Telephone Consumer Protection Act, which provides heavy fines for each unsolicited fax. The dealership's owners claimed they didn't know that when they hired a company to conduct the fax blitz.
YOU are on the hook for fax blasting - NOT the fax blast company which is why fax blast companies are still operational!
Last edited:
