Do Not FAX Information

Computer Support Group, CSGNetwork, is a supporter of the efforts of the Federal Communications Commission (FCC), the nation's airways and communications protection and regulation agency. Be clear that your complaint is about a "TCPA Unsolicited Fax." Indicate that you did not invite or give permission for the sender to send you the fax(es) and that you request the Commission take appropriate action against the sender. The FCC lists recent TCPA enforcement actions at www.fcc.gov/eb/tcd/ufax.html, consumer protection agency and champion of the Do Not Fax movement, similar to the National Do Not Call Registry. Click here to view more information from the FTC on the National Do Not Call Registry and how to avoid telemarketing fraud, or see our Do Not Call Info page.

With the ever increasing use of E-Mail as a time and cost saving method of communication, the FAX is becoming less important in many businesses and to personal users. However, it is still important for specific uses. It is also protected by the government from abuse by advertisers. Abuse increases the recipient's overhead and general overall expense. Unsolicited fax communications, known as JUNK FAXes, cause your ink, paper, and time wasted! A recent Supreme Court decision indicates relief may be on the way. A large advertising fax blaster (a company that contracts with advertisers to send out faxes for the advertisers) argued actively that unsolicited faxes should be protected as commercial "free speech" under the First Amendment. The Supreme Court rejected the argument, upheld the federal law banning unsolicited fax advertising, and ordered the fax blaster to pay a $5.4 million fine to the U. S. Federal Communication Commission. That is a significant message... 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." 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. Just because your fax number is published or distributed at present does not mean others have permission to send you unsolicited advertisements. However, until January 1, 2005, a fax sender may continue to rely on a very vague “established business relationship” for permission to fax an advertisement. As of January 20, 2006, the FCC has implemented this act but has given some latitude for the delay of some actions until April 5, 2006.

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. If you want to join the fight against unsolicited junk fax advertisements, when you receive such a fax, here are actions that you can take.

Call the fax removal number provided.
Attempt to locate the company responsible for the fax. This could involve contacting the company and requesting their address or fax number.
Provide the company WRITTEN notice of the unsolicited fax.
If there is no contact information on the fax, file a complaint with the FCC (see the paragraph below for "File a Complaint" for contact information).
If the company sends you a fax advertisement after you have sent written notice, you have the right under state law to sue the company for $500 or actual damages, whichever is greater, along with attorney fees.
If the company violates the TCPA you can bring a private suit in small claims court. 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 violation.
It may be a good idea to contact your state legal office for assistance and advice. There is a listing on the FCC site shown below.

You may file a complaint with the FCC 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. Alternatively you can send a letter summarizing the complaint to the FCC action address. You can now FAX a copy of your problem to the at 1-866-418-0232, toll free.

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

When you contact them, be very clear that your complaint is about a "TCPA Unsolicited Fax violation." Indicate that you did not invite or give permission for the sender to send you the fax(es) and that you request the Commission take appropriate action against the sender. The FCC lists recent TCPA enforcement actions at this website, www.fcc.gov/eb/tcd/ufax.html.