Navigation

junkfaxes.org home
Things you can do
The TCPA and the FCC Regulations
Various state laws
Samples of telephone conversations to illustrate the kind of people we're dealing with
Subscribe to the junkfax-l mailing list to discuss violators, pending actions, etc.
reference library of junk fax images  and cases
Legal self-help books and other resources for pro se plaintiffs and other tools



pebbly-woman

The current FCC complaint procedure and list of cited violators is courtesy of the www.tcpalaw.com site.    

File a complaint with the FCC
Detailed instructions below.

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.

See also the FCC's TCPA Enforcement Page for recent enforcement action.

File a complaint with your state's attorney general
Link to Yahoo list of attorney general web sites.  
Link to local copy of various state's complaint forms & filing instructions

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
Link to Yahoo list of attorney general web sites.  
Link to local copy of various state's complaint forms & filing instructions

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.

The author of this page is not an attorney, and cannot offer legal advice.  Court rules vary from state to state.  Therefore, you should consult an attorney in your area who is experienced or otherwise somewhat savvy in consumer protection issues and law.  

Keep in mind that the TCPA itself does not specifically allow for the recovery of attorney's fees (although you may be able to recover attorneys fees under state consumer protection statutes).  The intent of the TCPA is to allow consumers to easily bring suit, preferably representing themselves in small claims court.

With this in mind, ask your attorney if they can advise you as you proceed pro se (representing yourself), or you may want to go ahead and have an attorney be fully involved from start to finish for the first case.  It all depends upon your level of comfort. 

I am always happy to consult with any plaintiff's attorney, schedule permitting.

FCC Complaint Instructions

Send a COPY of the fax with a cover letter to:

Consumer Information Bureau
Federal Communications Commission
445 Twelfth St. SW
Washington, DC 20554
In your cover letter you must state:

Put near the top of the letter in bold print "TCPA COMPLAINT - UNSOLICITED FAXthis is very important to ensure it goes to the right office.
Your name and contact information on how to get in touch with you for further information.
Specify the date the fax was received, and the phone number it was received at.
You MUST  be sure to include that you did not invite or give permission for the sender to send you the fax(es).
If you want the FCC to take action against the sender, you must also include a statement that you "request the Commission take appropriate action against the sender."  Otherwise, it will just be filed for statistical and reporting purposes, but no action will be taken against the sender.

 
If you are making a complaint against someone ALREADY CITED by the FCC (See the list below) please ALSO send a copy of the letter and fax to:
 

Yanic Hardey
Enforcement Bureau - TCD
Federal Communications Commission
445 Twelfth St. SW
Washington, DC 20554
 
Sister sites...

- www.tcpalaw.com
  Indispensable TCPA legal research and permanent reporter of TCPA decisions
nationwide.

- www.do-not-call.com
  Consumer resources relating to telephone solicitation abuses.

Other sites...

www.dianamey.com
www.junkfax.org
SW Texas TCPA
Private Citizen



© 1999-2005 Robert H. Braver, Norman, Oklahoma. Nothing in this web site should be construed as legal advice. This web site is provided for information purposes only. Opinions presented are those of Mr. Braver (or other contributors as indicated). The operators of this site will not give, sell, or otherwise transfer email addresses stored on any of our hosts to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages.


{BottomHook}