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Quick Summary
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Unsolicited faxes advertising the commercial availability of goods are services are illegal, and can lead to incredible damages.
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There can be liability and damages even if someone sending a fax has a preexisting business relationship with the recipient of the fax.
Law Review
$500+ Damages for Each Fax
The minimum amount of damages that someone who receives an unsolicited commercial fax may recover is $500. If the fax was wilfully sent, and it usually is, damages can be tripled up to $1500.
$500+ Damages for Each TCPA Violation
The federal law, TCPA, and its implementing regulations, imposes not just $500 per unsolicited fax, but $500 for each violation of the TCPA, of which sending an unsolicited fax is but one violation. Many faxes have other violations of the TCPA, such as not including the name of the sender, the name of the sending fax machine, and the date and the time the fax was sent. As a result, a single fax can result in many thousands of dollars in damages being awarded.
More Information is Available with a Premium Subscription
Text of TCPA and all identifying information that must be included on a fax
Recent California appellate opinion approving lawsuits against junk faxers
Review of FCC faxing rules
If you advertise by fax, you MUST be aware of the law and your potential liability
If you receive faxes, learn how you can stop 'advertising by theft' and receive damage awards
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