- Lemberg Law
- Telephone Consumers Protection Act – TCPA Compliance
- Federal Fax Spam Laws
Federal Fax Spam Laws
If you receive unwanted fax advertisements, you are protected by the federal Junk Fax Protection Act (JFPA) that Congress added to the TCPA in 2005. FCC rules define when and how advertising faxes may be sent and how you can stop receiving faxes by opting out. The rules also provide that you have a right to sue the sender and, if successful, may collect up to $1,500 per illegal fax.
The FCC considers the fax advertisement legal if:
- You gave the company permission to send you faxes or
- If you did not give permission, the company must:
- Have an established business relationship with you based on your inquiry, application, purchase or transaction involving the company
Have obtained your fax number in one of these ways:
- Directly from you.
- From your own directory, advertisement or website unless you stated that you do not accept unsolicited faxes
- Another directory, advertisement or website where you agreed to make the number available to the public
- It contains specific instructions for opting out of receiving future faxes, including a cost-free way to send your request to the sender which must be available 24 hours a day, seven days a week
- The sender honors your request as soon as possible and may not wait more than 30 days
The FCC recommends that you put your fax number on your request.
We hope that you find this information useful. If you’d like advice or a free case evaluation, we urge you to contact us by using the form to the right or by calling us at 475-277-2200.