Junk faxes

Benjamin Ryan Picker

Yes. There is a federal statute called the Telephone Consumer Protection Act of 1991 (see 47 U.S.C. §227). Although there are some exceptions, in most cases you could recover $500 for each fax and, if the violations were wilfull, the court has the discretion to award triple damages.

Douglas Jay Lineberry

If you are in Washington, you should also know that Washington state also has a law prohibiting junk facsimile messages. RCW 80.36.540 prohibits unsolicated facsimile messages where there is not a prior contractual or business relationship, provides for a $500 monetary penalty, and states that violation of the statute is a violation of the Washington consumer protection act (which means you can get treble damages and your attorneys' fees). $1500 plus attorneys' fees - makes you wonder why people continue to send these messages. You should get in touch with an attorney that has some knowledge of the area and arrange a consultation.

Brian J. Passante

This question is like the search for the Holy Grail. The answer is yes and no. With a new interconnected world comes some practical nuisances to offset some gains. However, the legal system often lags behind rapid changes in technology and society. And in this instance the legal remedies are of some questionable value since the technology can hide the violators (if not their clients).

I am not fully convinced that a few Junk faxes justify the costs and effort of the resort to the legal system. Your situation may be considerably worse, so balance the options.

Yes, many state laws and a number of federal laws focus on junk faxes, junk email, SPAM, unwelcome phone calls (Do Not Call Lists). But most legitimate companies and businesses have now complied with these requirements. What is principally left is illegitimate companies that hide behind fake callerID, or offshore VOIP Internet calling. And if you act to name and pursue the Advertiser using a violator is the damage, and the time lost, and the possible cost (if you do not prevail) worth the effort for the majority of consumers? Maybe not.

Still there have been some success stories for some litigants. But it's also possible the low hanging fruit is gone from this tree.

Even where a legal remedy exists, the enforcement of that remedy and the cost of seeking and obtaining the remedy may outweigh the benefits.

At least a few practical remedies seem to get cost effective results (until the technology advances to the point where a more cost effective legal or practical remedy arrives):

1. Add all numbers to the national do not call list.
2. Alter your phone system answering message to send the universal circuit out of service tone at the very start of your message. This three bells rising tone will cause most computer dialers to immediately hang-up and mark the number out of service.
3. Ask your phone company to block repeat offenders if the number is identifiable.
4. Require all callers to send CallerID service data before accepting the call (callerid Block).


Yet, if these practical steps don't satisfy you, or you desire to protect your rights even at the risk your remedies may be limited, then you should seek legal counsel to explore your options further.

State Required Legal Ethics Disclosure: This Answer and any information contained in this answer is not intended to be treated as legal advice; And, this posting does not create an attorney-client relationship or privilege of any kind. This attorney licensed only in Georgia.