Posted by ColleenCA on 3/14/06 3:00pm
Msg #104876

Is Anyone Else Getting Unsolicited FAX'es From...

Express Financial Services? It seems I get them every week or two and they are at least 3 pages. The one today was for ChasePA packages which they say they are not getting many documents back or they are returned unsigned. I can understand getting this if I have worked for them and done this myself, but I have never even worked for them before! I called to ask them to please remove my fax number from their database. The person I spoke with was very nice, but she said they can't just remove fax numbers but all of your info in their database. I told her to go ahead since I have never received a call from them for a signing anyway.

I normally don't vent, but was just wondering if anyone else was getting these too? Thanks!

Reply by Korey Humphreys on 3/14/06 3:39pm
Msg #104894

Federal Law RE Junk Faxes

Junk faxes: "Advertising by theft"

Some claim that junk faxes (unsolicited commercial faxes) are nothing more than “advertising by theft.” They are also illegal under U.S. Federal law. The transmission of unsolicited faxed advertisements has been illegal under U.S. Federal law (the Telephone Consumer Protection Act - TCPA) since 1991.

According to the junkfaxes.com Web site (http://www.junkfaxes.com/federal_law.htm):
“ The TCPA (47 USC § 227) and its implementing FCC regulations (mainly 47 CFR § 64.1200) prohibits the transmission of any material advertising the commercial availability or quality of any product, service or property to any person without that person’s prior express permission or request.

Under the TCPA, recipients of unsolicited fax advertisements, if otherwise permitted by the laws in their state, can file suit in state court to collect the greater of $500.00 or actual damages for each fax, and/or obtain an injunction. If a court determines that the violations were willful or knowing, the damages can be tripled at the discretion of the court.”

According to the opinions found on the Web site junkfaxes.org (http://www.junkfaxes.org/), junk faxes are theft. “Honest advertisers pay to get their message in front of prospective customers. Junk faxers steal the resources of the recipients... fax paper, ink, personnel costs, and the time that their equipment is tied up receiving ads instead of being available for legitimate purposes.
Nonetheless, junk faxing is a multi-million dollar business that continues because enforcement, which is largely in the hands of individual consumers, has been minimal.”

What can you do when campus fax machines/telephones receive a junk fax?

Junkfaxes.org suggests that you:

• File a complaint with the FCC (Federal Communication Commission). This is especially important with regard to junk faxers that have already been cited, as any monetary forfeitures subsequently issued by the FCC will be based only on the faxes that they have received complaints for.
• File a complaint with your state’s attorney general. Your state law may also offer additional relief for the recipients and/or penalties for the senders. State attorney generals can and do take action under the federal TCPA, in addition to applicable state “junk fax” law or consumer protection statutes (often deceptive and/or unfair trade practices).
• File a complaint with the sender’s state attorney general. The sender’s state law may also offer additional civil and/or criminal remedies.
• File a private lawsuit. The recipients of junk faxes are entitled to file suit against junk fax senders and obtain judgment for a minimum of $500 per violation. Recipients are also entitled to obtain an injunction against further violations.

Reply by Paul_IL on 3/14/06 4:31pm
Msg #104922

Korey! Your post has nothing to do with the original post.

EFS faxes would not even fit into that category. Colleen and others are a vendor for EFS so sorry but that does not qualify as a junk fax. I believe they use fax communications because there is a better chance we will read them as opposed to e-mail and a quick delete.

To answer your question I too got the fax as did everyone in their database.

Reply by Korey Humphreys on 3/14/06 7:42pm
Msg #104978

I jumped the gun again.. (Darn it boy learn) :-( n/m

Reply by PAW on 3/14/06 5:05pm
Msg #104930

Re: Federal Law RE Junk Faxes

The particular fax from the original post is exempt from the 1991 act. Further, the Fax Act of 2005 (passed by Congress this passed July), exempt lots of companies from the 1991 Act if certain conditions are met. So the unsolicited faxes can still be coming into your fax line, legally. According to Inc (magazine):

"Previously under FCC rules, businesses had the freedom to fax their customers only with expressed, written consent from the customer. For many small businesses, these guidelines made fax transactions costly and time-consuming.

"While some have worried the bill could unleash a dramatic increase of unsolicited faxes, other organizations such as the U.S. Chamber of Commerce and the National Federation of Independent Business considered the bill a victory for their small business members. The bill heads to the White House next week."

The FCC's end of year report didn't show any dramatic increase in "unsolicited" faxes since the passage of the "Junk Fax Act of 2005".

Reply by Anonymous on 3/14/06 5:37pm
Msg #104935

Re: Federal Law RE Junk Faxes

I listed my fax number on the "do not call list". I don't know if that applies in these cases but I report all spam faxes to that list and the number of these types of faxes have dropped. The type of faxes that I receive are mostly about penny stocks, although there are others. I have been thinking about going to Efax. It is listed as about $12.95 per month. Then I would only turn on my fax machine to send a fax. I could also drop my second line and save that cost.
Any coments?

Reply by PAW on 3/14/06 5:50pm
Msg #104937

Re: Federal Law RE Junk Faxes

At the bottom of most faxes, there is a number to call to have your fax number removed. It does work. I used to get about 10 faxes a day for insurance, medicine plans, stock options and mortgages. Now, I'm lucky to get one a month. It took a couple of months of calling those 800 numbers, but I can attest it does work.