Unsolicited Fax Advertising

JGREGORY · Aug 15, 2003

This is an excerpt from the 7/25/03 Federal Register regarding new rules for fax ads. I know this is a pain where I work and thought others might like the info also. -------------------------------------------------- Unsolicited Facsimile Advertisements Prior Express Invitation or Permission 130. The Commission has determined that the TCPA requires a person or entity to obtain the prior express invitation or permission of the recipient before transmitting an unsolicited fax advertisement. This express invitation or permission must be in writing and include the recipient's signature. The term signature'' in the amended rule shall include an electronic or digital form of signature, to the extent that such form of signature is recognized as a valid signature under applicable federal law or state contract law. The recipient must clearly indicate that he or she consents to receiving such faxed advertisements from the company to which permission is given, and provide the individual or business's fax number to which faxes may be sent. -------------------------------------------------- Maybe we can get some peace.

snapperbait · Aug 15, 2003

Re: Unsolicited Fax Advertising

Yep! Health insurance Accountants services Resturant menus Cell phones Guy from africa wanting me to invest!

You name it, I probably got a fax about it.. I had an older copy of something like that from the FCC.. I'd fax em' back that copy and send the faxes along with the complaint form via snail mail on to the states attourneys office... The states attourney would issue a warning for the first offence and $500 fine for the second offence...

Cobotr · Aug 16, 2003

Re: Unsolicited Fax Advertising

Actually it's a Federal law and you, personally can go after them for the $500 yourself after the first fax. If after contacting them, and demanding that they quit, as well as pay up,they fax you again, the fine goes to $1500 for EACH fax they send. There is a guy who wrote a book on how to do this and makes a pretty good living off the fax money. He recommends contacting the company by letter. In it you cite the federal code, and inform the company that not only do you want it to stop, but you would gladly take $300 instead of the $500 allowed by law. If they refuse the offer, you take them to court for the $500 plus court costs. He states that most of the time the companies pay the reduced agreed to $300. There is a consumer advocate (Troubleshooter.com) that has organized a way for people to send their unwanted faxes to him and he will batch them against the companies, and have lawyers do all the leg work. In return they will give you $25 per fax sent in (after settlement). Almost makes you want to go buy a bunch of fax machines.

dhud64 · Aug 16, 2003

Re: Unsolicited Fax Advertising

Very good information. Come to think of it the faxes have slowed down a bit. But now I'll be waiting

Thanks!

dhud64 · Aug 20, 2003

Re: Unsolicited Fax Advertising

I need help! I need the reference to the law where you can go after them personally. I responded to one of those faxes today with a letter as suggested above. (Actually I faxed it back to them instead of snail mail). At the end of the day I got called to the head honcho's office and suspended until further investigation because 'I was trying to extort money'. Apparently the company called my boss to appologise for the unsolicited fax, and things snowballed from there. Typical government BS, **** with the people who bust their *** , and let the ****-ups ride!

DJ · Aug 20, 2003

Re: Unsolicited Fax Advertising

dhud, Contact this guy. He is on a anti fax crusade. He'd love your story. http://www.troubleshooter.com/

dhud64 · Aug 20, 2003

Re: Unsolicited Fax Advertising

djohns- Sent an e-mail to him before I made the last post. Thanks.

Ralph 123 · Aug 20, 2003

Re: Unsolicited Fax Advertising

Fax Wars P.O. Box 8510 Metairie, LA 70011 PH: 1-800-210-6094 The Law Behind Fax Wars -------------------------------------------------------------------------------- TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5--WIRE OR RADIO COMMUNICATION SUBCHAPTER II--COMMON CARRIERS Sec. 227. Restrictions on use of telephone equipment (a) Definitions as used in this section-- * * * (2) The term telephone facsimile machine'' means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. * * * (4) The term unsolicited advertisement'' means 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. (b) Restrictions on use of automated telephone equipment (1) Prohibitions It shall be unlawful for any person within the United States -- to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; * * * (c) to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; * * * (3) Private right of action A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation, (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or (C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph. * * * (e) Effect on State law (1) State law not preempted Except for the standards prescribed under subsection (d) of this section and subject to paragraph (2) of this subsection, nothing in this section or in the regulations prescribed under this section shall preempt any State law that imposes more restrictive intrastate requirements or regulations on, or which prohibits-- (A) the use of telephone facsimile machines or other electronic devices to send unsolicited advertisements; * *

JGREGORY · Aug 21, 2003

Re: Unsolicited Fax Advertising

dhud, I see Ralph put in the title did this take the pressure off. I would think that you would be givin a raise for finding another source of revenue.

Keep us informed

dhud64 · Aug 21, 2003

Re: Unsolicited Fax Advertising

Thanks for replies. I have thoroughly looked at the troubleshooter web site. What I'm looking for is any reference material that may indicate I can go after the faxors (?) personally. (Cobotor refered to this thought). Thanks again for replies!

JGREGORY · Aug 21, 2003

Re: Unsolicited Fax Advertising

dhud, I would think item 3b covers what your after. You were acting in the best interest of your company, correct.

dhud64 · Aug 21, 2003

Re: Unsolicited Fax Advertising

Yes- But my error I suppose, was using my name to respond to at the company address. Maybe Mellow yellow was correct in saying that he read it to say that I could go after them personally if it was on my personal fax machine.

JGREGORY · Aug 21, 2003

Re: Unsolicited Fax Advertising

If your the one who initiated the action who else would they have to respond to.

Our policy here is to give them a warning and if it continues then go after them. I would go to your boss and say that you were looking after the best interest of the company. The law provides provisions to stop this sort of advertising, and that is what you were trying to do. You could always say the money was an empty threat maybe done in poor taste.

Ralph 123 · Aug 21, 2003

Re: Unsolicited Fax Advertising

Just say the mentioning of the money was to ensure they stopped. You weren't really after money. You were just trying to get the to stop. The question is, does the following mean you have to own the receiving fax or just be aware and have evidence of an unlawful act. Check the faxwars site and see if they require you to transfer the right to collect to them. If so, you likely have to be the fax owner. (3) Private right of action A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation, (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or (C) both such actions.

dhud64 · Aug 21, 2003

Re: Unsolicited Fax Advertising

Hey everybody here's the scoop- I sent an e-mail to troubleshooters.com last night and explained my delima. They actually called me this morning to see if I wanted to go on the air to discuss the problem. I said sure. Their attorney basically told me that I was wrong to try to regain money from a fax that came through on my companies fax machine and I have no legal basis to stand on.

Advice to you all- Be carefull if you try this stunt! Make sure the fax is on your personal machine! I may be looking for a job in the near future.

Ralph 123 · Aug 21, 2003

Re: Unsolicited Fax Advertising

Just BS them that you were playing hardball and it wasn't about the money. You were just trying to scare them in not sending any more faxes. Say, "see it worked! No more faxes from them!" Anyway, if your boss is that much of a jerk your better off out of there!

Unsolicited Fax Advertising

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