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Unsolicited FaxesWhat they are and how to stop themDownload the PDF version 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. STOP UNSOLICITED FAXES 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
ADDITIONAL OPTIONS 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.
REMEMBER 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. RESOURCES The Consumer Protection Division of the Indiana Attorney General’s Office works to safeguard the rights of Indiana citizens every day. If you have questions or complaints regarding unsolicited faxes, or other consumer issues, contact the Attorney General’s Consumer Protection Division using the address and phone number listed below, or visit www.IndianaConsumer.com for more information.
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