Most businesses and individuals who maintain dedicated telephone lines for fax machine use have experienced the common annoyance of the junk fax. The machine beeps, picks up a call, and proceeds to print out an unwanted message from a solicitor that quickly finds its way into the recycling bin. The practice of junk faxing not only ties up fax lines and wastes paper and supplies; it also violates the federal Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227(b)(1)(C). Recognizing this pervasive problem and the fact that each junk fax does a measurable but very small amount of damage, to discourage this practice, the TCPA provides for “statutory damages” in the amount of $500 per junk fax, or $1,500 per junk fax for willful violations. These amounts quickly add up when multiple faxes are received.
Our office has developed expertise in tracking down the elusive origins of junk faxes and in enforcing the TCPA. If your business or personal fax machine receives junk faxes, DO NOT THROW THEM AWAY. Keep them, and contact us for a free consultation.