Unwanted advertising on your fax machine?

What makes a fax an advertisement?

The question is whether the fax promotes the commercial availability or quality of goods, services, or property. A routine informational fax is not automatically an advertisement. Preserve the entire document so the purpose and sender can be assessed.

Permission and the business-relationship exception

An unsolicited fax advertisement may violate the TCPA. A qualifying established business relationship can provide an exception only when additional requirements are met, including how the sender obtained the number and the required opt-out notice. A prior transaction alone does not settle the question.

Bring the whole fax

Save every page, the transmission header, date, sender details, and opt-out language. Tell us whether you gave permission, previously did business with the sender, or requested that it stop. Also explain whether it arrived on a fax machine or through an online fax service, because the receiving technology can matter.

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