Home: Consumer Protection Alert: TCPA Violation - Unwanted Faxes

TCPA - FCC Background 

A telephone facsimile, also referred to as a fax machine is able to send and receive data over a telephone line. The Telephone Consumer Protection Act of 1991 also known as TCPA, and Federal Communications Commission (FCC) rules prohibit sending unsolicited advertisements, also known as "junk faxes," to a fax machine. This prohibition applies to fax machines at both businesses and residences.

TCPA - Definitions 

An "unsolicited advertisement" is defined as "any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s prior express invitation or permission." Just because your fax number is published or distributed does not mean others have permission to send you unsolicited advertisements. That would be in violation of TCPA. If, however, you have an "established business relationship" with a person or entity then, in effect, you’ve given your consent to receive unsolicited faxes from that person or entity, then that company would not be in violation of TCPA.

Under the definition of TCPA, A company or person can have an "established business relationship" with a person or entity if you have made an inquiry, application, purchase, or transaction regarding the products or services offered by that person or entity. If that person or entity has been sending you fax advertisements and you want them to stop, you can end the established business relationship by telling whoever is sending the faxes that you do not want any more unsolicited advertisements sent to your fax machine. The transmission of unsolicited advertisements by a person or entity with whom you no longer have a business relationship would violate the TCPA.

TCPA Violations - How the FCC Can Help 

The FCC has taken numerous enforcement actions, including citations and fines, against companies for violations and suspected violations of the TCPA’s prohibition against unsolicited faxes. Consumers who have received unsolicited faxes are encouraged to contact the FCC regarding the incident(s). You may need to provide documentation in support of your complaint, such as copies of the fax's received.

You can file a complaint about unsolicited faxes by completing the FCC’s on-line Consumer Complaint Form at www.fcc.gov/complaints.html, or by calling the FCC’s Consumer Center at 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY. You can also send a letter summarizing the complaint to:

Federal Communications Commission
Consumer and Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12^th Street, SW
Washington, DC 20554

Additional Places to Go for TCPA Help 

You can also file TCPA related complaints with your state authorities, including your local or state consumer protection office or your state Attorney General’s office.

It is also possible to bring a private suit against the violator in an appropriate court of your state. Through a private suit, you can either: recover the actual monetary loss that resulted from the TCPA violation, or receive up to $500 in damages for each violation, whichever is greater. The court may triple the damages for each violation if it finds that the defendant willingly or knowingly committed the TCPA violation.

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