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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., Website University.com, www.TelProducts.com, 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:

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.

Links to citations on FCC site:
Colorjet, Inc. Fax.com for Colorjet faxes
Website University.com Fax.com for Website Univ. faxes
www.telproducts.com Fax.com for Telproducts faxes
Platinum Travel Club Fax.com for Platinum Travel faxes
 
Sister sites...

- www.tcpalaw.com
  Indispensable TCPA legal research and permanent reporter of TCPA decisions
nationwide.

- www.do-not-call.com
  Consumer resources relating to telephone solicitation abuses.

Other sites...

www.dianamey.com
www.junkfax.org
SW Texas TCPA
Private Citizen



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