Legal Question in Business Law in Pennsylvania

Unsolicited Fax Advertisements

My question has two parts ...

1. Are there any penalties involved in sending out unsolicited fax advertisements? I have been told that businesses have until January 1, 2005 to send unsolicited faxes without penalty. Is this true?

2. If this is not the case, what penalties/fines can be collected and by whom?


Asked on 1/15/04, 10:28 am

1 Answer from Attorneys

Re: Unsolicited Fax Advertisements

Unsolicited fax advertisements violate the Telephone Consumer Protection Act of 1991, 47 U.S.C. � 227(b)(1)(C), and the rules of the Federal Communications Commission, 47 C.F.R. � 64.1200(a)(3). The Act grants a private right of action with statutory damages set at $500.00 (which may be trebled for willful or knowing violation of the statute). 47 U.S.C. � 227(b)(3).

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Answered on 1/15/04, 10:52 am


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