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The current
FCC complaint procedure and list of cited violators is courtesy of the
www.tcpalaw.com site.
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.
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).
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
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Send
a COPY of the fax with a cover letter to:
Consumer Information Bureau
Federal Communications Commission
445 Twelfth St. SW
Washington, DC 20554
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In your cover letter you must
state:
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Put
near the top of the letter in bold print "TCPA COMPLAINT
- UNSOLICITED FAX" this is very important
to ensure it goes to the right office.
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Your
name and contact information on how to get in touch with you
for further information.
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Specify
the date the fax was received, and the phone number it was
received at.
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You
MUST be sure to include that you did not invite
or give permission for the sender to send you the fax(es).
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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.
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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
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