Junk Fax Law
If you work in an office or own a fax machine, you have probably wasted substantial amounts of toner and paper printing out advertising for other people. Junk faxes waste your time and money, and they put additional wear and tear on your equipment. Worse, they make you pay for other people’s advertising. In short, junk faxers are nothing more than thieves.
If you’re thinking, “there oughta be a law”, then you’re in luck: both Michigan and the federal government have enacted laws against junk faxing. Better yet, both laws allow you to recover substantial amounts of money if you can track down and catch the junk faxer who spammed your machine. (See our section on the TCPA elsewhere on this site for more details.)
Having said that, there are legitimate reasons why a company may want to send advertising to a customer’s fax machine. And there may be customers who want to receive offers and coupons by fax. This does not mean, however, that a business can just assume customers want advertising in this manner and start faxing away. There are regulatory requirements with which advertisers who send information to customers must comply, and there are practices that should be followed to ensure that only customers who want the faxes are getting them, and to prove that this is the case if you are sued.
Junk fax law is a very specialized area of law, and there are few attorneys who are familiar with these laws. Steven Shelton at Shelton Legal Services is one of only a handful of attorneys in the entire state of Michigan who is fluent in this area of litigation, and is widely regarded as a leader in this field. We have recovered thousands of dollars from junk faxers, and helped businesses avoid making mistakes that could have potentially cost them thousands, as well.
If you are plagued by junk faxes—or if you are considering advertising by fax—read the information about junk faxing on our website, and then contact us.