Unwanted Faxes

Unwanted faxes, otherwise known as junk faxes, are any unsolicited material that advertises the commerical availability or quality of any property, goods, or services.

A telephone facsimile (or “fax”) machine is able to send and receive data (text or images) over a telephone line. The Telephone Consumer Protection Act of 1991 (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.

Beginning January 1 2005, a person may grant permission to send a fax advertisement only with a signed, written statement that includes the fax number to which any advertisements may be sent. Until January 1, 2005, a fax sender may continue to rely on an “established business relationship” for permission to fax an advertisement.

Just because your fax number is published or distributed does not mean others have permission to send you unsolicited advertisements. FCC Regulations
The FCC has amended rules to regulate the delivery of facsimile advertisements. The rules state:
  • Beginning January 1, 2005, it is unlawful to send an unsolicited advertisement to a facsimile machine without the prior written permission of the recipient of the advertisement;
  • The business or entity on whose behalf the fax is being sent must identify itself in the top or bottom margin of each page or on the first page of the fax message, and must include its telephone number and the date and time the fax is sent;
  • If a facsimile broadcaster (the person or entity transmitting messages to a fax machine on another person’s behalf) demonstrates a “high degree of involvement” in the sender’s facsimile messages, such as supplying the facsimile numbers to which a message is sent, the facsimile broadcaster must provide its name on the fax;
  • A facsimile broadcaster may be liable if it supplies facsimile numbers to a business or entity sending unlawful fax advertisements; and
  • Faxes sent to fax servers and personal computers are covered by the faxing rules.
Source: http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html