Junk Faxes Are Illegal

The Telephone Consumer Protection Act of 1991 is a federal law which restricts telemarketing practices which use automated telephone dialing equipment.  Unsolicited "junk" faxes advertise office supplies, cruise vacation and health club membership to name a few. Regardless of the quality of the product or service advertised of the attractiveness of the offer, if the faxes are unsolicited, they violate the 1991 consumer law.  The law permits each intended recipient to sue for damages equal to the greater of $1,500 or actual monetary loss per fax.

Recently, the Georgia Supreme Court heard a case where a home siding, gutter and window contractor hired a company to market its business.  The marketer sent out more than 300,000 unsolicited advertisements to fax machines in the metropolitan Atlanta area.  The contractor conceded that the faxes were sent but defended that it could only be liable for the faxes actually received.  This defense was rejected based on the clear language of the 1991 consumer law: "A sender is liable for the unsolicited advertisements it attempts to send to fax machines, whether or not transmission is completed or received by the targeted recipient."  The end result was a $459 Million judgment against the contractor which the Supreme Court upheld.

The goal of the Telephone Consumer Protection Act of 1991 is to punish companies that clogged people's fax machines and forced them to incur the costs of wasted paper and toner ink by sending unsolicited ads.  Contact an attorney if you have been receiving junk faxes.

Jonathan Peterson is an attorney with Butera & Jones, P.C. in Wayne, Pennsylvania.  Mr. Peterson's practice focuses on commercial and guardianship litigation. For more information, please contact Mr. Peterson at (610) 964-9770.