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Rid Yourself of Unwanted FaxesWe provide this free financial resource to visitors of the Community Room of SeniorSSuperStoreS in an effort to keep baby boomers, seniors and the elderly informed of matters that can affect their lifestyle. Do you have a fax machine? Do you get unwanted faxed solicitations, similar to unwanted telephone calls and spam email, wanting you to buy something that "You definitely have to have?" Are you disgusted with the scenario of providing the fax machine and paying for the paper and toner for that other party to try to sell you something? Just doesn't seem right, you say? If so, do you know that, in the U.S., you have a law that protects you and gives you some ammunition to fight these unwanted intrusions? This is a little-publicized law available to you! The Telephone Consumer Protection Act of 1991 (TCPA) and Federal Communications Commission (Commission) rules prohibit the use of a telephone facsimile machine, computer, or other device to send unsolicited advertisements to telephone facsimile machines. The Commission is authorized to take enforcement action against companies that send so-called "junk faxes" and encourages consumers to inform the Commission if they have received such faxes. You can file a complaint about unsolicited faxes by completing the FCC’s on-line Consumer Complaint Form at fcc.gov/cgb/complaints, or 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. You can also send a letter summarizing the complaint to: Consumers may also file TCPA complaints with their state authorities. Consumers may also bring a private suit in an appropriate court of their state. Consumers can bring private suits to enjoin the unlawful conduct and either recover the actual monetary loss stemming from the TCPA violation or receive up to $500 in damages for each violation, whichever is greater. The court may increase damages to $1,500 per violation if it finds that the defendant willingly or knowingly committed the violation. First, however, you must make an effort to get the other party to stop sending you the faxes. Many fax solicitations contain a number to call to get yourself removed from that company's fax list database. Just calling that number is not enough because you can magically reappear on that list in the future; thus, we recommend that you do what we have done: Make a manilla file folder containing a copy of this article along with the faxed sheets you received (noting on each sheet the date you called that number to be removed from that list). Then, keep a list in the folder of the "remove request" numbers you have called and the dates you called them. If you receive faxes in the future from that company, you can have the proof that you requested your fax number be removed and have the evidence to pursue your action. |