CONSUMER ALERT

MIKE COX

ATTORNEY GENERAL

The Attorney General provides Consumer Alerts to inform the public of unfair, misleading, or deceptive business practices, and to provide information and guidance on other issues of concern.

DO NOT FAX ME!

You check your fax machine hoping that big proposal has finally come through only to find several pages of offers for stocks, vacations, and business services you just don't need.  How frustrating to have your ink, paper, and time wasted by junk faxes! 

STATE & FEDERAL LAW

The Telephone Consumer Protection Act of 1991 (TCPA) and Federal Communications Commission (FCC) rules prohibit sending unsolicited advertisements, also known as "junk faxes," to a fax machine, unless an Established Business Relationship exists. This prohibition applies to fax machines at both businesses and residences.  For more information on the TCPA and the FCC rules, see the FCC's publication "Unwanted Faxes: What You Can Do" available at http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html.

Michigan law also prohibits transmission of unsolicited fax advertisements.  See MCL 445.1771 et seq (www.michiganlegislature.org/printDocument.asp?version=txt&objName=mcl-Act-48-of-1990).

FIGHT BACK

If you want to join the fight against unsolicited junk fax advertisements, when you receive such a fax:

·         Call the fax removal number provided.

·         Attempt to locate the company responsible for the fax.  This could involve contacting the company and requesting their address or fax number.

·         Provide the company WRITTEN notice of the unsolicited fax.  Here is a link to a sample unsolicited fax notice.  Sample text can be found at the end of this alert.

·         If there is no contact information on the fax, file a complaint with the FCC (see "File a Complaint" section for contact information).

·         If the company sends you a fax advertisement after you have sent written notice, you have the right under state law to sue the company for $500 or actual damages, whichever is greater, along with attorney fees.

·         If the company violates the TCPA, you have the right under federal law to sue the company. You can either recover the actual monetary loss that resulted from the TCPA violation or receive up to $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.

FILE A COMPLAINT

You may file a complaint with the FCC by completing the online Consumer Complaint form at www.fcc.gov/cgb/complaints.html, or by calling the FCC's Consumer Center at 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY. Alternatively you can send a letter summarizing the complaint to:

Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12^th Street, SW
Washington, DC 20554

Be clear that your complaint is about a "TCPA Unsolicited Fax."  Indicate that you did not invite or give permission for the sender to send you the fax(es) and that you request the Commission take appropriate action against the sender.  The FCC lists recent TCPA enforcement actions at: www.fcc.gov/eb/tcd/ufax.html.   

You may contact the Attorney General's Consumer Protection Division at:

Consumer Protection Division
P.O. Box 30213
Lansing, MI 48909

517-373-1140
Fax: 517-241-3771

Toll free: 877-765-8388

www.michigan.gov/ag (online complaint form)

 NOTICE OF UNSOLICITED FAX ADVERTISEMENT

            I/We received an unsolicited fax advertisement from your office.  You did not seek or obtain prior consent to send this fax.

                   Recipient Name:    ___________________________

                   Recipient Fax:       ___________________________

            Michigan and federal law prohibit the use of a facsimile machine to transmit unsolicited advertising messages.  See MCL 445.1771 et seq and the Telephone Consumer Protection Act of 1991, 47 USC § 227 et seq.  Michigan law provides:

A person shall not send an advertisement to another person by means of a facsimile machine without first obtaining, by means other than by a facsimile machine, the consent of the person who will receive the advertisement. MCL 445.1772(1).

            Immediately stop sending unsolicited fax advertisements.  If I/we receive another unsolicited fax advertisement from you, I/we will have the legal right (pursuant to MCL 445.1776) to file a lawsuit against you to recover actual damages or $500, whichever is greater, plus reasonable attorney fees.  I may also file a lawsuit under the federal Telephone Consumer Protection Act of 1991.  Additionally, I/we will also file a complaint with the Federal Communications Commission and notify Michigan Attorney General Mike Cox's Consumer Protection Division.

[For enforcement purposes retain proof that you sent this notice]