Hello all, I realize this isn't a credit issue, but it might appeal to a similar crowd. Does anybody here know anything about suing junk faxers in small claims court? I just bought a new combo fax/scanner/copier/printer to use for my bills and credit journey. I have already received 2 junk faxes selling me stuff I don't want/need. Worse they come thru on my home phone # - which probably explains some of those telemarketing hangup & no message calls. On the net I found some info about the Telehone Consumer Protection Act of 1991 (TCPA.) This is the rule that says its a $500 fine if a telemarketer calls after you asked to be put on their 'do not call' list. The rule also seems to say that even the first junk fax sent to a home fax number is illegal. I figured out who was behind the fax and am sending them a demand letter along with a copy of the small claims court paperwork asking for $250. Otherwise I'm threatening to sue for $500 plus $20 filing as well as complaining to my State AG & to the FCC. I'm hoping ot get my number off their lists and hopefully to fund the many CRRR's I'll be sending on my credit journey. Anybody have any ideas or heard about filing in small claims court for junk fax violators of the TCPA? Thanks, Tom I found some
I got a 4-in one machine, but never figured out how to use the fax. After reading your post, I don't think I'll bother!
mcen0012, I had the same dealings with about 8 months ago and went through the FCC. They did tell me that I could file suit against the offenders for $500 per offense, but ONLY after I warned them officially. Believe it or not, they said that companies are allowed to send you an ad one time or continue to do so unless you tell them not to. Here's a long excerpt from the letter I received from the FCC. --------------- The FCC's rules require that any prerecorded message call made using an autodialer must release your telephone line within five seconds of the notice by a telephone network signal to the caller that you have hung up. In some areas of the country it may take up to 25 seconds for this telephone network signal to reach the caller. Picking up the telephone receiver before this signal reaches the caller may cause some recorded messages to continue playing. Your local telephone company can tell you if calls in your area immediately disconnect when you hang up on a prerecorded message call, or how long you must wait before picking up your telephone receiver. The FCC's rules prohibit the use of autodialers in a way that simultaneously engages -- or ties up -- two or more lines of a multi-line business. Fax Messages Unsolicited Advertisements Sent To Home and Business Fax Machines The FCC's rules prohibit the transmission of unsolicited advertisements to fax machines. No person may transmit an advertisement describing the commercial availability or quality of any property, goods, or services to your fax machine without your prior express permission or invitation. You have an established business relationship with a person or entity if you have made an inquiry, application, purchase or transaction regarding products or services offered by such person or entity. If you have an established business relationship with the person or entity sending the message, an invitation or permission to receive unsolicited fax advertisements is presumed to exist. You can end this relationship by telling the person or entity that you do not want them to send any more unsolicited advertisements to your fax machine. Identification Required on Fax Messages The FCC's rules require that any message sent to a fax machine must clearly mark on the first page or on each page of the message: * the date and time the transmission is sent; * the identity of the sender; and * the telephone number of the sender or of the sending fax machine. All fax machines manufactured on or after December 20, 1992 and all facsimile modem boards manufactured on or after December 13, 1995 must have the capability to clearly mark such identifying information on the first page or on each page of the transmission. Actions You Can Take If you receive the following types of calls or faxes: * a live telephone solicitation call at your home from a person or entity -- or on behalf of a person or entity -- on two or more occasions within any 12-month period after the time you requested to be added to their do-not-call list; * an artificial or prerecorded voice call at your home in violation of the FCC's rules; * an unsolicited advertisement on your fax machine; or * autodialed calls that simultaneously engage two or more multi-line business lines. Here are some actions you can take: * Ask the solicitor to stop calling your telephone number or sending unsolicited fax advertisements. You can use the telephone number or address provided by the solicitor to request this action. * Find out if your state permits you to file suit to stop solicitation calls or faxes and/or file suit for actual monetary loss. The penalty is $500 in damages or actual monetary losses (whichever is greater). * Contact state and federal offices. Contact Your State Offices The following state offices may be able to help you in filing suit: * your local or state consumer protection office; and * your state Attorney General's office. You should be able to obtain telephone numbers for these offices from the government section of your telephone directory or from directory assistance. State Civil Actions States can initiate a civil action in federal district court against any person or entity that engages in a pattern or practice of violations of the TCPA or the FCC's rules. You should contact your local or state consumer protection office to determine whether or not your state has initiated civil actions. Contact the FCC The FCC cannot award monetary or other damages, except under very limited circumstances. You may file a complaint with the FCC using the Consumer Complaint Form attached to this informational fact sheet. Contact the Federal Trade Commission If you believe you are the victim of false or deceptive telephone solicitation sales practices, you should send your complaint to: Federal Trade Commission Consumer Response Center Drop H 285 6th Street and Pennsylvania Avenue N.W.Washington, D.C. 20580
Thanks for the responses. I'm going to go ahead and send a demand letter CRRR tomorrow. I'll let the board know how it goes. Tom
