The Telephone Consumer Protection Act (TCPA) and related laws like the Junk Fax Prevention Act of 2005 regulate unwanted faxes. These laws make it illegal for an advertiser to send unwanted faxes to a consumer without the consent of the receiver. These laws also spell out rules for robocalls, text messages, and other calls from telemarketers. At Mike Agruss Law, we have filed numerous cases of TCPA violations on behalf of our clients. Our focus is on protecting consumer rights, and we are experienced in dealing with the TCPA and related laws.
Ending Junk Faxes
To be in violation of the TCPA, a fax must be both unsolicited and advertise commercial availability or quality of services, goods, or products. This means that a fax that invites the recipient to attend a fundraiser is not covered by the law. There is a statute of limitations of 4 years to file a lawsuit related to a junk fax. The single most important piece of evidence in such as case is the fax itself. You should keep the document along with a log of incoming faxes generated by your machine. If you call the contact number, keep any notes with the date and time of the conversation to help identify the sender. The TCPA allows lawsuits by individuals who have received unwanted faxes, text messages, or phone calls, authorizing a recovery of up to $500 per violation, or $1,500 if the violation was knowing or willful.
Other Types of TCPA Violations
The TCPA governs many forms of communication, not just faxes. Our Chicago consumer protection attorneys also handle cases involving other TCPA violations, such as:
- Telemarketing robocalls that you did not consent to receive, and
- Spam text messages
You do not need to put up with junk faxes, texts and phone calls. Our Chicago junk fax lawyers will discuss your options. Schedule a consultation to learn about the potential outcomes in your situation. We will aggressively enforce the law to stop unsolicited faxes. Not only will we stop the faxes, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per text.
