Junk fax illegal and expensive for sender

August 13, 2008 8:08:51 AM PDT
Junk faxes are illegal, plain and simple, and sending one could cost someone $500. Gary Meyer of Merchantville, New Jersey uses his fax machine for business, so when he started getting junk faxes from a construction company advertising its products and services, he asked the company to remove him from its list.

"It was very annoying to me personally because I'm paying for toner, and paper, and it actually blocked me from receiving legitimate faxes," Gary said.

The faxes kept on coming, so Gary sued Howard Bixenholtz Construction, Stucco Services, Inc, and their related businesses.

The federal Telephone Consumer Protection Act clearly says it is against the law for someone to fax you an advertisement unless you've expressly given your permission or asked for the faxed ad and if somebody violates that law then they owe you a minimum of $500 per fax. If the court determines the violations were willful or knowing, the damages can be tripled.

Gary says he received hundreds of junk faxes from the company, at least one even after he won his case; he appealed the initial judgment and won. Now he could be awarded as much as $15,000. Gary says his victory is a win for all consumers.

"It will make it much easier for folks to be protected from this spam that's coming in," Gary said.

The defendant called Action News and said he didn't realize unsolicited faxes were illegal and says he is now following the law. He also claims he did remove Gary from his list as soon as he asked to be taken off.

Telephone Consumer Protection Act
Pennsylvania Do Not Call
Pa Attorney General Lawsuit
New Jersey Do Not Call
Federal Do Not Call

Do Not Call Suit

Pennsylvania's Attorney General is suing two companies for unsolicited, illegal telemarketing phone calls.

The Attorney General says one of those companies made the largest attempt ever to violate the state's Do Not call Law.

Attorney General Tom Corbett says Baltimore-based Direct Leadsource made more than half a million calls to Pennsylvania consumers on the Do Not Call list.

"Using a call center in India, this company aggressively marketed mortgage loans that it's not even licensed to sell in Pennsylvania," Corbett said.

The other telemarketer being sued operated under the names Golden Apple Mortgage, as well as Foote's, Inc, and New Equity LLC.