Junker fax.com and
clients hit with multiple FCC Citations
December 26, 2000 - Clearly demonstrating that junk fax broadcasters
and their client advertisers can be held jointly liable for for junk faxes,
the FCC today issued four pairs of citations to unabashed junk faxer fax.com
and clients Colorjet, Inc.,
and Platinum Travel Club.
Each advertiser was issued a citation
putting them on notice that they will be subject to a monetary forfeiture
of up to $11,000 per subsequent violation.
Fax.com was issued four citations
- one for each of the advertisers. In the citations, the FCC made
it clear that junk fax broadcasters can and will be held accountable:
Links to citations on FCC site:
Although entities that
merely transmit facsimile messages on behalf of others are not liable
for compliance with the prohibition on faxing unsolicited advertisements,
the exemption from liability does not exist when a fax transmitter has
``'a high degree of involvement or actual notice of an illegal use and
[has] fail[ed] to take steps to prevent such transmissions.''' Accordingly,
fax transmitters do not enjoy an absolute exemption from liability under
the TCPA and the Commission's Rules.
This citation serves
as notice that the unsolicited facsimile advertisements ... transmitted
by your company violate the TCPA and the Commission's Rules. The Commission
may assess to your company monetary forfeitures not to exceed $11,000
for each subsequent violation if (1) your company has been highly involved
on behalf of the sender of any unsolicited facsimile advertisements,
or (2) your company continues to transmit facsimile advertisements ...
without taking steps to ensure that the sender has obtained permission
from recipients to fax the advertisements.
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