Legal Question in Business Law in Georgia
Is it illegal to send unwanted fax solicitations?
I am a small business owner just getting started. I recently began a fax solicitation campaign that has been extremely successful. I have a very high positive response rate. However, I have had several companies contact me threatening to sue because they say this practice is illegal. I would like to know exactly what the law states in order to protect myself and, if it is illegal, I'll stop. Would designing it in the form of a business proposal make a difference?
2 Answers from Attorneys
Re: Is it illegal to send unwanted fax solicitations?
That law I referred to is the Telephone Consumer Protection Act. This federal law entitles the recipient of unsolicited, faxed ads up to $1,500 in damages for each fax plus attorneys fees.
Re: Is it illegal to send unwanted fax solicitations?
I can't cite you chapter and verse because I haven't had an opportunity to make use of this law, but yes it is illegal. It was recently reported in a legal publication that a group of lawyers in GA received a big award against, I believe, a travel agency.
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