Fax in Haste, Repent at Leisure


Title 47 of the U.S. Code governs telecommunications. It's a violation of 47 USC §227 to send an unsolicited advertisement via fax. This code section is short, so you may wish to read the entire text.

Congress banned junk faxes, because uninvited incoming faxes transfer the burden of advertising from the advertiser to the recipient of the fax. If you're sent one, your phone line is tied up, your fax machine is monopolized, and your paper (plus toner in some machines) are consumed without your permission.

Recently I came across a web site offering the usual sleazy-greazy multi-level marketing schemes - but with a twist: Mr. "John Bentley of Dallas, Texas" is offering to send 7,500 unsolicited faxes> for $25. And he's using the internet to entice other people to join him in violating 47 USC §227. [In the likely event that his offer is taken offline by the time your read this, the gist of it is that he will send 7,500 "broadcast" faxes for you at a cost of $25.]

Usually state attorneys general will take action against spam faxers once they're aware of the problem, such as this recent case in Washington. But 47 USC §227 packs some extra punch for John Q. Citizen: Anyone who receives an unsolicited fax can sue the sender for $500 or actual damages, whichever is greater. These cases can usually be handled in small claims court.

The copyright of the article Fax in Haste, Repent at Leisure in Consumer Advocacy is owned by Dale Hartley. Permission to republish Fax in Haste, Repent at Leisure in print or online must be granted by the author in writing.

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