Spam by Fax

[Plumber2000]

Live in Eugene, Oregon

For the past 3 to 4 months I have been getting Spam Faxes.

I run a small business and these faxes are tying up my phone line, using up fax paper and ink, what do I need to do to take action againt this and make them stop?

Please Advise.

Thanks Ron

 

[Plumber2000]

Thanks for the reply, I have already filed a complaint with the FCC.

It seems they faxing has haulted after a called them and told them I was going to file a complaint, but only time will tell.

 

[JETX]

Oregon has a very weak "anti-spam" FAX law. However, the federal laws can be used in Oregon.... and even in small claims court.

So, if you can identify the spammer AND if he is located in Oregon, you can pursue a cause of action against him.

The federal law prohibiting facsimile transmission of unsolicited advertisements, 47 U.S.C. Section 227(b), authorizes individuals to bring action in state court to remedy any violation, 47 U.S.C. Section 227(b)(3). The federal law authorizes the award of $500 per unsolicited fax, treble damages for willful or knowing violations, as well as injunctive relief. 47 U.S.C Section 227(b)(3).

 

[racer72]

Radio Shack sells a device that blocks unauthorized incoming faxes. The only problem is you have to let everyone know the code to allow their faxes to pass.

 

[Plumber2000]

I know who they are, there not in Oregon, so far there has been no more spam via fax since yerterday when I called them, but there is a complaint filed against them, after filing this complaint, confermation of the complaint upon sending it though there web site, says they will have 30 to 45 days to respond.

The thing is my main office has a foward number to my cell, this made it hard to learn who they where, this took place day after day, really irratating answering the phone only to get a ear full of fax tones.

 

[AmateurShyster]

Just to clarify some things about the federal junk fax statute...

Your complaint to the FCC will not net you any money.

The federal statute provides a civil cause of action that must be brought in a state court. There's no question that it overrides any more tolerant state law regarding fax advertising.

The issue about where the junk faxer is located has to do with personal jurisdiction. I have no doubt that an Oregon court can assert personal jurisdiction over an out-of-state junk faxer under the Oregon "long arm" statute. But you have to serve them with process in order to start your lawsuit. You can be sure that your junk faxer has taken steps to make that really hard -- they're probably being sued by many people in many different states.

Are the faxes possibly advertising an Oregon business? That business would *also* be liable for the $500 statutory damages. Furthermore, the FCC enforcement people tell me that "knowing or willful" in the statute basically just means "intentional", meaning that someone can be liabile for treble damages if they intended to send you an unsolicited fax. You can probably *easily* sue an Orgeon business in small claims court. And don't forget that *each fax* is a separate violation of the law; this will matter for purposes of the jurisdictional amount for small claims actions.

If you want to know more about junk faxes, I suggest you checkout http://www.junkfax.org and http://www.fcc.gov/eb/Public_Notices/da01462.doc.