Legal Question in Technology Law in Illinois

Facsimile mass delivery

What limitations if any are there to the use of a facsimile machine and or software for the purpose of mass delivery of information or promotional materials?

Case in point;

I wish to deliver by fax three pages of information including; a list of green coffee products offered by my company, product descriptions, and a cover page with contact information to prospects and customers across the country and in Canada.


Asked on 8/24/99, 2:51 pm

2 Answers from Attorneys

Timothy J. Walton Internet Attorney

Re: Facsimile mass delivery

Faxing unsolicited commercial advertisements is a violation of federal law and possibly also state law.

Your liability for sending mass faxes could be $500 per fax, or more (depending on state law).

If you want to avoid violation of the law, you need to have your prospects *request* that you send the fax. It would be a good idea to keep the written requests on file.

If you would like more information, contact me by email at [email protected].

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Answered on 8/25/99, 5:21 pm
Bruce Burdick Burdick Law Firm

Re: Facsimile mass delivery

Unsolicited faxing is illegal, even though lots of companies still do it. Unsolicited email is also problematic unless you include instructions how to prevent further solicitations from the same source. Laws vary from state to state. See an Illinois attorney. I practice in St. Louis but am licensed in Illinois and would be available to advise. see www.burdlaw.com

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Answered on 8/27/99, 10:24 am


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