Legal Question in Consumer Law in California

Re: Unsolicited bulk faxes

Federal Trade Consumer Protection Act of 1991, 47 U.S.C. � 227(b)(1)(C) which states:

�(b) Restrictions on use of automated telephone equipment

(1) Prohibitions

It shall be unlawful for any person within the United States -

(C) to use any telephone facsimile machine, computer, or

other device to send an unsolicited advertisement to a

telephone facsimile machine� .�

I would also like to call your attention to 47 U.S.C. � 227(b)(3) which states:

o (3) Private right of action

A person or entity may, if otherwise permitted by the laws or

rules of court of a State, bring in an appropriate court of that

State -

� (A) an action based on a violation of this subsection or the

regulations prescribed under this subsection to enjoin such

violation,

� (B) an action to recover for actual monetary loss from such a

violation, or to receive $500 in damages for each such

violation, whichever is greater, or

� (C) both such actions.

If the court finds that the defendant willfully or knowingly

violated this subsection or the regulations prescribed under this

subsection, the court may, in its discretion, increase the amount

of the award to an amount equal to not more than 3 times the

amount available under subparagraph (B) of this paragraph.