We Sue Junk Faxers
Make Senders of Unsolicited ‘Junk’ Faxes Pay
One annoying and illegal technique used by debt collectors is to bombard a target with repeated faxes demanding payment and making threats. Some marketing firms use unsolicited junk faxes to advertise products and services, as well. You may have legal recourse against junk faxers.
Because faxes are sent over telephone lines, they are regulated by the Telephone Consumer Protection Act (TCPA). The TCPA protects consumers from abuse by debt collectors and telemarketers who misuse telephone technology to harass them.
The TCPA allows citizens or businesses to bring lawsuits against debt collectors and telemarketers and others who violate this federal law and to demand damages of up to $500 per violation.
Federal Law Disallows Junk Faxes
It is illegal to send unsolicited advertisements to any fax machine, whether at a business or a residence, without the recipient’s prior express invitation or permission. Fax advertisements may be sent to recipients with whom the sender has an established business relationship (EBR), as long as the fax number was provided voluntarily by the recipient.
The FCC defines a business relationship as“a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business or residential subscriber … on the basis of an inquiry, application, purchase or transaction … regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party.”
Therefore, you should not receive faxes from a source that you have not previously done business with or otherwise contacted for information or services.
The sender who has an established business relationship with the recipient of a fax must have obtained the recipient’s fax number directly from the recipient or from a directory, advertisement or site on the Internet owned by the recipient. But sending a fax to such a recipient is still illegal if the directory, ad or Internet site says that the owner does not accept unsolicited advertisements at the fax number in question.
The TCPA places limits on unsolicited, pre-recorded telemarketing calls – which includes fax advertisements – to landline home telephones. A person who has received more than one telephone call in a 12-month period by or on behalf of the same entity may bring a lawsuit to recover $500 for each violation, or the actual monetary loss experienced by the party who received the calls, or whichever is greater. If the junk faxers knowingly violated the TCPA, the court may triple the damages to $1,500 per violation.
Additionally, the Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to contact you repeatedly. Debt collectors may be ordered to pay you up to $1,000 per violation of the FDCPA, plus any actual damages that you have incurred as a result of their conduct.
Fight Back Against Junk Faxes
The TCPA and FDCPA are tools that the Florida Debt Fighters use to protect consumers from harassment. If you have been harassed by debt collectors or telemarketers with unsolicited faxes, you may be able to recover damages for your inconvenience and their violation of federal law.
The Supreme Court of the United States ruled in 2012 that lawsuits against debt collectors may be filed in federal courts, which makes it easier and faster for consumers to obtain action and, ultimately, justice.
If you think you have been harassed and may qualify to sue for damages, please contact the attorneys of the Florida Debt Fighters for a free legal consultation today. You could be paid for the stress of dealing with the unwanted faxes you have received, and we can help you finally put a stop to the harassment. Contact us now.