Junk fax: Difference between revisions
Ground Zero (talk | contribs) mNo edit summary |
m Reworded to more NPOV; removed inflamatory "cottage industry" comment. |
||
Line 1: | Line 1: | ||
[[Image:Junk fax.gif|thumb|300px|A junk fax]] |
[[Image:Junk fax.gif|thumb|300px|A junk fax]] |
||
'''Junk faxes''' are unsolicited |
'''Junk faxes''' are unsolicited advertisements sent via [[fax]] transmission. Junk faxes are the faxed equivalent of [[spam (electronic)|spam]] or junk mail. Proponents of this advertising medium often use the terms ''broadcast fax'' or ''fax advertising'' to avoid the negative connotation of the term ''junk fax''. |
||
==History== |
|||
Unsolicited [[advertising]] or [[sales]] via the telephone, known as [[cold calling]], has been a common practice for decades. When [[fax]] technology became common, it must have seemed a logical next step to some to start sending "cold faxes" to publicly available fax numbers (companies and sometimes individuals generally indicate their fax number on business stationery and other materials). |
|||
Junk faxing came into widespread use in the late 1980s as a result of the development and proliferation of fairly inexpensive desktop fax machines which resulted in enormous growth in the number of fax machines in the U.S.{{ref|cong}} The invention of the computer-based fax board in 1985 by Dr. Hank Magnuski, founder of [[GammaLink]], provided an efficient platform for reaching those fax machines with minimal cost and effort. |
|||
The fax machines of this period typically used expensive thermal paper and a common complaint about junk faxes was that they consumed that expensive paper. Ironically, the U.S. Congress identified one of the most prolific early junk faxers, [http://en.wikipedia.org/wiki/Image:Mr_fax_ad_1989.jpg Mr. Fax] of Anaheim California, which used junk faxes to advertise its sale of discount fax paper. |
|||
Most businesses with fax machines regularly receive junk faxes. While the variety of services being touted is theoretically limitless, [[penny stock]]s (so-called "[[pump and dump]]" operations) and travel "deals" are among the most common. |
|||
The passage of the Telephone Consumer Protection Act in 1991 along with action by individual state, led to a significant reduction in junk faxes at that time. However, by the late 1990's junk faxing had once again become a widespread problem in the U.S. with the entry of a number of large-scale fax broadcasters such as [[fax.com]] who boasted of the capacity to send millions of fax advertisements per day. |
|||
Adding to the inconvenience faced by both fax machine owners and non-owners alike is the practice employed by some junk fax operators of calling random telephone numbers in the hopes of discovering new fax machines, which would then be added to their database. The practice resulted in large numbers of calls to voice telephones in which a person would answer their phone only to hear fax transmission tones. |
|||
Because the legal restrictions of fax advertising are more widely known today, junk faxes are now used predominately by disreputable or fly-by-night marketers. |
|||
However, early [[fax]] was a fairly slow medium, requiring a tie-up of a phone line for up to 2 minutes. Furthermore, faxes require the consumption of fax paper, a commodity paid for by the recipient (and early fax technology required specialized paper). Unlike cold calls, which can be quickly terminated, fax advertising does not announce itself; and early termination, when possible, still wastes resources. Thus, junk fax is perhaps the most grievous form of spamming, as it effectively commandeers the recipient's supplies (whether those supplies consist of thermal paper, or ordinary paper and either ink, ribbon, or toner) to print its advertising content. |
|||
==National regulations== |
==National regulations== |
||
Line 16: | Line 17: | ||
:the use of ''any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine'' (paragraph (b)(1)(C)) |
:the use of ''any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine'' (paragraph (b)(1)(C)) |
||
The |
The TCPA also requires a fax transmitter to identify the source phone number and transmitting organization or individual on each page. The process of [[war dialing]] to determine what phone numbers reach fax machines was also prohibited by the FCC rules under the TCPA. |
||
In addition, many states also have their own laws regarding junk faxes. |
|||
The TCPA, in particular the junk fax provision, has been challenged on [[First Amendment]] grounds, but the law has withstood legal challenges. |
The TCPA, in particular the junk fax provision, has been challenged on [[First Amendment]] grounds, but the law has withstood legal challenges. |
||
Line 23: | Line 26: | ||
:''the unsolicited advertisement is from a sender with an established business relationship with the recipient''(paragraph (b)(1)(C)(i)) |
:''the unsolicited advertisement is from a sender with an established business relationship with the recipient''(paragraph (b)(1)(C)(i)) |
||
similar to |
similar to an exemption for telephone solicitations under the TCPA. |
||
In April 2006, the [[Federal Communications Commission]] (FCC) implemented changes to the facsimile (fax) advertising rules of the Telephone Consumer Protection Act of 1991 (TCPA). The new rules: (1) codify an established business relationship (EBR) exemption to the prohibition on sending unsolicited fax advertisements; (2) define EBR as used in the context of unsolicited fax advertisements; (3) require the sender of fax advertisements to provide specified notice and contact information on the fax that allows recipients to “opt-out” of any future transmissions from the sender; and (4) specify the circumstances under which a request to “opt-out” complies with the Act. The new rules took effect in August 2006. |
In April 2006, the [[Federal Communications Commission]] (FCC) implemented changes to the facsimile (fax) advertising rules of the Telephone Consumer Protection Act of 1991 (TCPA). The new rules: (1) codify an established business relationship (EBR) exemption to the prohibition on sending unsolicited fax advertisements; (2) define EBR as used in the context of unsolicited fax advertisements; (3) require the sender of fax advertisements to provide specified notice and contact information on the fax that allows recipients to “opt-out” of any future transmissions from the sender; and (4) specify the circumstances under which a request to “opt-out” complies with the Act. The new rules took effect in August 2006. |
||
==== Enforcement ==== |
==== Enforcement ==== |
||
⚫ | |||
⚫ | |||
* That the sender did not have permission to send the fax (aka unsolicited) |
* That the sender did not have permission to send the fax (aka unsolicited) |
||
Line 39: | Line 41: | ||
* A copy of the fax advertisement, if possible, or confirmation that you have retained a copy of the fax |
* A copy of the fax advertisement, if possible, or confirmation that you have retained a copy of the fax |
||
Failure to provide any of the above information may result in |
Failure to provide any of the above information may result in the complaint being closed without further action. |
||
The FCC itself can investigate violations and impose fines on the violators |
The FCC itself can investigate violations and impose fines on the violators. Also note that the FCC, like most federal agencies, is an agency of limited resources that receives thousands of complaints. Consumer complaints may receive quick review and, when not found to be in order, may be quickly closed. Conversely, complaints that specifically set forth the required elements and attach evidence improve their likelihood of receiving FCC enforcement attention. |
||
State authorities can also take actions against violations of the TCPA. |
|||
You can also file TCPA-related complaints with your state authorities, including your local or state consumer protection office or your state Attorney General’s office. Contact information for these organizations should be in the blue pages of your local telephone directory. |
|||
It is also possible to bring a private suit against the violator in an appropriate court of your state. Through a private suit, you can either recover the actual monetary loss that resulted from the TCPA violation, or receive |
It is also possible to bring a private suit against the violator in an appropriate court of your state. Through a private suit, you can either recover the actual monetary loss that resulted from the TCPA violation, or receive $500 in damages for each violation, whichever is greater. The court may triple the damages for each violation if it finds that the defendant willingly or knowingly committed the violation. |
||
In recent months a cottage industry of attorneys have encouraged fax recipients to send unwanted faxes to them and assign their rights of collection. Recently a Colorado Appeals Court has ruled against this practice [http://www.bizjournals.com/denver/stories/2006/11/13/story14.html?from_rss=1], taking away the financial incentive for assignment of these type of cases. An appeal to this ruling was denied on February 7, 2007, in which the court held that cases against junk faxers cannot be brought by entities who did not personally receive them [http://denver.bizjournals.com/denver/stories/2007/02/19/story8.html]. |
|||
===Canada=== |
===Canada=== |
||
Unsolicited faxes are regulated by the [[Canadian Radio-television and Telecommunications Commission]] (CRTC) and must follow certain guidelines, but there is no individual right to sue the senders.{{ref|canada}} Information on the rules of telemarketing faxes in Canada can be found in the [http://www.crtc.gc.ca/archive/ENG/Orders/2001/O2001-193.htm Order CRTC 2001-193]. Optionally, individuals may enroll in Canadian Marketing Association's [http://www.cmaconsumersense.org/marketing_lists.cfm do-not-call list] which covers mail, voice and fax, lasting 3 years. The list, however, is followed voluntarily by businesses and is not enforceable by law. |
Unsolicited faxes are regulated by the [[Canadian Radio-television and Telecommunications Commission]] (CRTC) and must follow certain guidelines, but there is no individual right to sue the senders.{{ref|canada}} Information on the rules of telemarketing faxes in Canada can be found in the [http://www.crtc.gc.ca/archive/ENG/Orders/2001/O2001-193.htm Order CRTC 2001-193]. Optionally, individuals may enroll in Canadian Marketing Association's [http://www.cmaconsumersense.org/marketing_lists.cfm do-not-call list] which covers mail, voice and fax, lasting 3 years. The list, however, is followed voluntarily by businesses and is not enforceable by law. |
||
== |
==Resources== |
||
* [http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html FCC Consumer Fact Sheet: Fax Advertising: What You Need to Know] |
* [http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html FCC Consumer Fact Sheet: Fax Advertising: What You Need to Know] |
||
* [http://www.fcc.gov/cgb/policy/faxadvertising.html FCC Fax Policy] |
* [http://www.fcc.gov/cgb/policy/faxadvertising.html FCC Fax Policy] |
||
* [http://www.fcc.gov/cgb/complaints_general.html FCC General Complaint] |
* [http://www.fcc.gov/cgb/complaints_general.html FCC General Complaint] |
||
* House Hearing 101-43, May 24, 1989. |
|||
[[Category:Direct marketing]] |
[[Category:Direct marketing]] |
||
[[Category:Promotion and marketing communications]] |
[[Category:Promotion and marketing communications]] |
||
==References== |
|||
* {{note|cong}} In hearings before the U.S. House of Representatives, one witness reported that sales of fax machines in the U.S. in 1986 were 192,000 machines, and grew exponentially to sales of 465,000 in 1987 and about a million in 1988. House Hearing 101-43, May 24, 1989 (statement of Prof. Ellis). |
Revision as of 15:38, 21 August 2007
Junk faxes are unsolicited advertisements sent via fax transmission. Junk faxes are the faxed equivalent of spam or junk mail. Proponents of this advertising medium often use the terms broadcast fax or fax advertising to avoid the negative connotation of the term junk fax.
History
Junk faxing came into widespread use in the late 1980s as a result of the development and proliferation of fairly inexpensive desktop fax machines which resulted in enormous growth in the number of fax machines in the U.S.[1] The invention of the computer-based fax board in 1985 by Dr. Hank Magnuski, founder of GammaLink, provided an efficient platform for reaching those fax machines with minimal cost and effort.
The fax machines of this period typically used expensive thermal paper and a common complaint about junk faxes was that they consumed that expensive paper. Ironically, the U.S. Congress identified one of the most prolific early junk faxers, Mr. Fax of Anaheim California, which used junk faxes to advertise its sale of discount fax paper.
The passage of the Telephone Consumer Protection Act in 1991 along with action by individual state, led to a significant reduction in junk faxes at that time. However, by the late 1990's junk faxing had once again become a widespread problem in the U.S. with the entry of a number of large-scale fax broadcasters such as fax.com who boasted of the capacity to send millions of fax advertisements per day.
Because the legal restrictions of fax advertising are more widely known today, junk faxes are now used predominately by disreputable or fly-by-night marketers.
National regulations
United States
The Telephone Consumer Protection Act of 1991 (47 USC 227), or TCPA, among other things specifically outlawed junk faxing:
- the use of any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine (paragraph (b)(1)(C))
The TCPA also requires a fax transmitter to identify the source phone number and transmitting organization or individual on each page. The process of war dialing to determine what phone numbers reach fax machines was also prohibited by the FCC rules under the TCPA.
In addition, many states also have their own laws regarding junk faxes.
The TCPA, in particular the junk fax provision, has been challenged on First Amendment grounds, but the law has withstood legal challenges.
In 2005, the United States Congress passed the Junk Fax Prevention Act of 2005 which amended the TCPA. The text of the law allows unsolicited advertisements if :
- the unsolicited advertisement is from a sender with an established business relationship with the recipient(paragraph (b)(1)(C)(i))
similar to an exemption for telephone solicitations under the TCPA.
In April 2006, the Federal Communications Commission (FCC) implemented changes to the facsimile (fax) advertising rules of the Telephone Consumer Protection Act of 1991 (TCPA). The new rules: (1) codify an established business relationship (EBR) exemption to the prohibition on sending unsolicited fax advertisements; (2) define EBR as used in the context of unsolicited fax advertisements; (3) require the sender of fax advertisements to provide specified notice and contact information on the fax that allows recipients to “opt-out” of any future transmissions from the sender; and (4) specify the circumstances under which a request to “opt-out” complies with the Act. The new rules took effect in August 2006.
Enforcement
Individuals who receive junk faxes can file a complaint with the FCC. Complaints must specify:
- That the sender did not have permission to send the fax (aka unsolicited)
- That the complainant did not have a prior business relationship with the sender
- That the fax was for a good or service
- Any telephone number or addresses included in the fax
- Your name, address, and a telephone number where you can be reached during the day
- The telephone number through which you received the fax advertisement
- A copy of the fax advertisement, if possible, or confirmation that you have retained a copy of the fax
Failure to provide any of the above information may result in the complaint being closed without further action.
The FCC itself can investigate violations and impose fines on the violators. Also note that the FCC, like most federal agencies, is an agency of limited resources that receives thousands of complaints. Consumer complaints may receive quick review and, when not found to be in order, may be quickly closed. Conversely, complaints that specifically set forth the required elements and attach evidence improve their likelihood of receiving FCC enforcement attention.
State authorities can also take actions against violations of the TCPA.
It is also possible to bring a private suit against the violator in an appropriate court of your state. Through a private suit, you can either recover the actual monetary loss that resulted from the TCPA violation, or receive $500 in damages for each violation, whichever is greater. The court may triple the damages for each violation if it finds that the defendant willingly or knowingly committed the violation.
Canada
Unsolicited faxes are regulated by the Canadian Radio-television and Telecommunications Commission (CRTC) and must follow certain guidelines, but there is no individual right to sue the senders.[2] Information on the rules of telemarketing faxes in Canada can be found in the Order CRTC 2001-193. Optionally, individuals may enroll in Canadian Marketing Association's do-not-call list which covers mail, voice and fax, lasting 3 years. The list, however, is followed voluntarily by businesses and is not enforceable by law.
Resources
- FCC Consumer Fact Sheet: Fax Advertising: What You Need to Know
- FCC Fax Policy
- FCC General Complaint
- House Hearing 101-43, May 24, 1989.
References
- ^ In hearings before the U.S. House of Representatives, one witness reported that sales of fax machines in the U.S. in 1986 were 192,000 machines, and grew exponentially to sales of 465,000 in 1987 and about a million in 1988. House Hearing 101-43, May 24, 1989 (statement of Prof. Ellis).