Unsolicited faxes, though a part of the TCPA, became illegal in 2005 in the Junk Fax Prevention ACT, which was implemented to set up specific stipulations for acceptable faxes. Fax telemarketers are required to adhere to TCPA regulations.
Though unsolicited faxes were deemed illegal, the JFPA was more specific, stating it is illegal to send telemarketing faxes from or to the United States. Even if a fax was sent by accident, the sender may still be at fault.
The JFPA also established the existing business relationship, or EBR. The existing business relationship means the person receiving the fax and the person who sent the fax met consensually prior to the fax being sent.
Though a solicitor may be sending a fax containing information that could save a customer money, in the long run the solicitor is technically stealing paper because the fax was not consensual. Time and supplies were also technically stolen from the consumer.
If the following occurs, the fax is considered illegal and you could be compensated:
- No EBR with recipient
- The recipient’s fax number was not given voluntarily from the recipient due to an EBR
- The fax does not include instructions for the recipient to be removed from the unsolicited fax list
- The fax does not include a telephone number for the recipient to call in order to be removed from the fax list.
- The fax does not include at least one option, free-of-charge, for the recipient to opt out of future faxes.
- The notice to opt out of future faxes is not clearly stated on the first page of the fax.
These unsolicited faxes can be just as frustrating as unsolicited calls. If you received unsolicited faxes, fill out our form to the right and you could get between $500 and $1500 PER PAGE OF FAX. By filling out our form, you consent to be contacted by our lawyers.