Are you fed up with junk faxes that waste your or your business' paper, ink, toner or other resources. You may be able to take action against those who send you junk faxes and recover a minimum of $500 for each junk fax that you have received. Speak with an experienced attorney to see how you may be able to take action for those unwanted junk faxes. Call or e-mail now for a FREE consultation.
JUNK FAX QUESTIONS AND ANSWERS
What is considered a junk fax?
Junk faxes need little introduction. In fact, many of us have been irritated by a junk fax. That's because the typical junk fax is sent without your permission or invitation by a sender with which you've had no previous communications or dealings. Junk faxes usually advertise some type of good or service. Examples of junk faxes include, but are not limited to, vacation package ads, insurance broker ads, mortgage broker ads, refinancing, loan or credit ads, stock recommendations, restaurant ads and restaurant menus, coupons or other discounts, cell phone plan ads, hotel or resort ads, property for sale, lease or rent ads, diet plan ads, medical or other professional service ads, insurance or health plan ads, machinery or equipment advertisements, etc. As you can see from these examples, just about any type of commercial advertisement may be considered a junk fax.
Are junk faxes illegal?
Yes, it is illegal for any entity (whether it is company, a person or otherwise) to send a junk fax to a fax machine located anywhere in the United States. A federal law called the Telephone Consumer Protection Act (known under the acronym TCPA), 47 U.S.C. § 227, makes the sending of junk faxes illegal.
Who can recover?
Whether you are a person, corporation, LLC, partnership, business or any other type of entity that received a junk fax in the United States, you may be able to take action.
What can I recover against those who send a junk fax?
Under the federal junk fax law, known as the TCPA, you may be able to recover a minimum of $500 for each junk fax that you have received. If it is determined that a violation is willful or knowing, the court may, in its discretion, increase the minimum $500 amount by up to three times the minimum, i.e., up to $1,500 in statutory damages per each violation.
In addition to being able to recover at least $500 under the federal TCPA law, you may also be able to recover under other laws. For example, California has a state law that regulates junk faxes. California Business & Professions Code § 17538.43 makes the sending of junk faxes within the State of California unlawful. Like the federal TCPA law, California provides for a minimum $500 for each junk fax received. Also like the federal TCPA law, under the California law, if it is determined that a violation is willful or knowing, the court may, in its discretion, increase the minimum $500 amount by up to three times the minimum, i.e., up to $1,500 in statutory damages per each violation under the California law. This means that if a junk fax was sent within the State of California, both the federal TCPA and the California junk fax law may apply, resulting in a minimum of $1,000 to a maximum of $3,000 in statutory damages for each junk fax violation.
How can I call or e-mail to discuss a junk fax I have received?
You may call or e-mail for a FREE consultation with an experienced lawyer. Attorney Chant Yedalian of Chant & Company A Professional Law Corporation has successfully handled junk fax matters, including junk fax cases brought as class action lawsuits, against those responsible for sending unsolicited junk facsimiles. Call or email attorney Chant Yedalian for your FREE consultation.