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What they are and how to stop them
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Across the state, citizens have spoken out against unsolicited faxes which waste ink and paper purchased for personal and business uses. In 2006, the Indiana General Assembly unanimously passed a law that allows the Indiana Attorney General to take action against these annoying and costly solicitations. Unlike the Do Not Call Law, the Do Not Fax Law does not require people to register their fax number. The law applies to every fax number in the state.
If you’ve received an unsolicited advertising fax you believe has violated the law, you can file a complaint with the attorney general’s office. In order to submit the complaint, you need to print out a completed complaint form and send it to the Telephone Privacy Division along with a copy of the unsolicited fax you received.
Office of the Indiana Attorney General
|OAG Online Complaints:||http://www.indianaconsumer.com/|
|OAG by phone:||1-800-382-5516|
|OAG by mail:||Office of the Indiana Attorney General|
Telephone Privacy Division
302 W Washington St.
Indianapolis, IN 46204
Indiana Small Claims Court
The Federal Telephone Consumer Protection Act allows recipients of unsolicited faxes to sue the sender in small claims court. You can recover either your actual monetary loss, or up to $500 in damages for each violation. You can also get treble damages ($500 x 3 = $1,500) if you prove the sender willfully or knowingly committed a violation.
Contact your county clerk’s office to file a claim in small claims court.
Lawsuit Rules: www.in.gov/judiciary/rules/small_claims
The Federal Communications Commission
The Federal Communications Commission (FCC) also takes complaints about unsolicited faxes and may take action if it receives a significant number of complaints against a particular sender.
|FCC Online Complaints:||www.fcc.gov/cgb/complaints.html|
|FCC’s Consumer Center:||1-888-225-5322 (1-888-835-5322 TTY)|
|FCC by mail:||FCC|
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
45 12th Street SW
Washington, D.C. 20554
There is an exception to the law if you have done business with the firm or company that sends the fax. To end this business relationship, contact the sender directly. Be sure to keep documentation of your requests.