Mastando & Artrip LLC

(256) 532-2222 or (800) 434-7195

  • About
    • News
  • Attorneys
    • Eric Artrip
    • Tony Mastando
    • Teri Mastando
  • Practice Areas
    • Personal Injury
      • Car Accidents
      • Nursing Home Litigation
      • Motorcycle Accidents
      • Slip and Fall
      • Truck Accidents
      • Wrongful Death
    • Workplace Litigation
      • Whistleblower Rewards and Protection
      • Employment Law
        • Unfair Compensation & Unpaid Wages
      • Commercial Litigation
      • Business Contracts
      • Media Law
      • Government Contracting
    • Complex Litigation
    • Class Action
    • Real Estate
  • Blog
  • Testimonials
  • Contact Us
Home » News » Junk Faxers and Fax Blasters Beware!

November 13, 2014 By Tony Mastando

Junk Faxers and Fax Blasters Beware!

fax-machine

Anyone with a fax machine or fax account has received them – ads for vacations in Orlando, Las Vegas or Cancun; the latest mortgage rates and refinancing options — fabulous offers all!  Like autumn leaves, they fall from paper fax machines or clog the gutters of online fax accounts.  Some ads are legit.  Others, not so much.

Junk Faxes

Companies that send advertisements by fax, so-called “junk faxes,” to potential customers should pay close attention to the FCC’s latest rules.  Otherwise, unhappy recipients of those faxes will make advertisers pay good money for violating them.

The Telephone Consumer Protection Act (TCPA) and the Junk Fax Prevention Act (JFPA) are the laws that restrict the use of fax machines for advertising.  The FCC wrote, and continues to write, lots of detailed, byzantine regulations that create pitfalls and opportunities for those who send or receive faxes.

In its October 30 order, the FCC confirmed that specific “opt-out notices” are required on all fax ads.  The FCC’s opt-out rules apply to all faxed ads, including those sent with the recipient’s prior express permission or based on a prior existing business relationship, and each opt-out notice must:

  • Be clear and conspicuous.
  • State on the first page of the ad that the recipient may make a request to the sender not to send any future ads and that failure to comply, within 30 days, with such a request is unlawful.
  • Contain a domestic contact telephone number and fax number for the recipient to transmit an opt-out request.

The FCC said that any opt-out notice not satisfying all of these requirements is deficient.

Damages

Among other nastiness, a violation of these laws could subject the fax advertiser to liability for up to $1,500 for each fax sent. 

Companies can be sued for the actual monetary loss that resulted from the TCPA violation or up to $500, whichever is greater.  But, if the court finds that the company willingly or knowingly committed the violation, then fines can be tripled for each violation.  The FCC can impose civil monetary penalties of up to $11,000 for violations and state attorneys general may bring suits in federal court for actual damages or $500 per violation, with treble damages for knowing and willful violations.

One of the blunt-force tools available to recipients of unwanted faxes is a class action lawsuit.  Because fax advertisers tend to transmit massive numbers of faxes (blast faxes), the potential for multi-million dollar damages is real.  Inattention to the rules can trip even the biggest of companies. 

In one recent case, MetLife agreed to pay $23 million to settle a class action lawsuit alleging it sent millions of unsolicited faxes.  The Wall Street Journal Online reported that the payouts from the settlement will be between $50 and $3,500 per claim, based on the number of faxes received and phone lines in place.

If you are a mass advertiser or receive these kinds of unsolicited offers and would like to know more about your rights, responsibilities and potential liability, call us.  As a former FCC attorney and a lawyer in both private practice and in-house counsel to telecommunications firms, I can help you understand how the law applies to you.

Filed Under: News

About Tony Mastando

Tony Mastando is a partner at Mastando & Artrip. Mr. Mastando received his Juris Doctorate from the University of Michigan Law School and a Bachelor of Science from the University of Florida. He was elected to Phi Beta Kappa and Golden Key National Honor Societies.

Practice Areas

  • Personal Injury
    • Car Accidents
    • Motorcycle Accidents
    • Nursing Home Litigation
    • Medical Malpractice
    • Slip and Fall
    • Truck Accidents
    • Wrongful Death
  • Workplace Litigation
    • Whistleblower Rewards and Protection
    • Employment Law
      • Unfair Compensation & Unpaid Wages
    • Commercial Litigation
    • Business Contracts
    • Media Law
    • Government Contracting
  • Complex Litigation
  • Class Action
  • Real Estate

Featured Posts

  • Whistleblowers & the False Claims Act
  • What to Do After an Accident
  • Protecting Our Girls In Schools
Defending Your Rights

Need Legal Help? Get in touch.

Serving North Alabama from Huntsville

  • (###) ###-####

Recent Posts

  • Former Vice President of Space Camp sues U.S. Space and Rocket Center
  • 11th Circ. Told To Revive Disability Discrimination Suit
  • Judge Slashes Some of Fiat Chrysler, Cummins Truck Engine Defect Suit
  • A Discussion with Employment Attorney Teri Mastando
  • Google Accused Of Raking In $1B From Unauthorized Ads

What Our Clients Say

A few years ago, a driver pulled out in front of me while I was on my motorcycle. Eric and Tony were relentless in dealing with the insurance company. Highly recommended lawyers. - Jim Curry, Ph.D.

Article Categories

  • Car Accidents
  • Class Action Lawsuits
  • Employment Law
  • Government Contracts
  • Huntsville
  • Law
  • Motorcycle Law
  • News
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Whistle Blower Law
class=

Contact Us for Help

  • Motorcycle Accidents
  • Truck Accidents
  • Hill v Madison Co Timeline

Huntsville’s Small Business and Personal Legal Service Team

Our law firm practices in Huntsville, Decatur, Athens and Northern Alabama areas within the Madison County and nearby court jurisdictions.

Conveniently Located in Downtown Huntsville

Mastando & Artrip LLC

301 Washington St NW #302
Huntsville, AL 35801

Phone: (256) 532-2222
Toll free: (800) 434-7195

View a Map to our Office

Copyright © 2021 Mastando & Artrip, LLC. All rights reserved · Privacy Policy · Website by 2theTop Web Design

  • About
    • News
  • Attorneys
    • Eric Artrip
    • Tony Mastando
    • Teri Mastando
  • Practice Areas
    • Personal Injury
      • Car Accidents
      • Nursing Home Litigation
      • Motorcycle Accidents
      • Slip and Fall
      • Truck Accidents
      • Wrongful Death
    • Workplace Litigation
      • Whistleblower Rewards and Protection
      • Employment Law
        • Unfair Compensation & Unpaid Wages
      • Commercial Litigation
      • Business Contracts
      • Media Law
      • Government Contracting
    • Complex Litigation
    • Class Action
    • Real Estate
  • Blog
  • Testimonials
  • Contact Us