Junk E-mails and Faxes

lines!In today's world e-mail is all around us. Between home and work we are inundated with electronic mail messages.  Junk e-mails clog up Inboxes and require your time in reading and reviewing (or deleting) them.  Junk faxes waste your paper and fax machine's toner.  Unwanted and repetitive phone messages at home and on your mobile phone can count against your minutes or airtime.  Not to mention receiving any or all of these forms of continued correspondence can be downright annoying.

CONSUMER TIPS

  • To reduce the number of unsolicited communications you receive be sure to register for the National Do Not Call Registry. You can register your home and mobile/cellular phone numbers on the Registry and your registration does not expire.
  • Print and keep (electronic and paper versions) all junk e-mails you receive.
  • Save all junk faxes and recorded messages/voicemails you receive as these items can be valuable evidence to prove your claims. Relevant statutes often award damages and impose penalties based on the number of items of correspondence you receive.
  • Keep all correspondence between you and the responsible party which relates to your requests to cease and desist the junk activity.

The federal Telephone Consumer Protection Act (TCPA) prohibits sending unsolicited advertisements via fax, and disseminating prerecorded messages by phone, without consumers' prior consent.  The TCPA also allows recipients to sue the businesses that send junk faxes and junk recordings.  NOTE:  One key fact to remember is that a person or business with whom you had an establishedphone and computer business relationship is able to send you unsolicited advertising to your fax machine without your consent at any time for any product or service whatsoever (including other people's products) as long as certain conditions are met.

The Junk Fax Protection Act (which is somewhat of a misnomer) and the CAN-SPAM Act are examples of other federal laws which protect consumers from unwanted solicitations and messages.  Additionally, there may be state laws which protect you from continued unwanted communications and allow recovery of monetary damages from violators.  That's right....you can collect money damages.

Cases involving junk e-mails, faxes, and recorded messages can involve many complicated legal issues.  Who do you sue?  How do you locate the appropriate defendants?  If the correspondence is coming from another state, in what state(s) can you sue?  Can you sue in federal or state court?  What are your damages?

If you are experiencing significant ongoing problems with junk e-mails, faxes, and recorded messages consult Attorney John O'Neal of the O’Neal Law Office.

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