Protecting the Rights of Consumers
For Over 25 Years
Edelman Combs Latturner & Goodwin LLC
Do you receive junk faxes?
We are looking for lead plaintiffs for class action lawsuits as well as persons interested in bringing individual lawsuits.
A Federal law called the Telephone Consumer Protection Act of 1991 prohibits unsolicited junk fax advertisements.
Unsolicited junk fax advertisements. A fax is an "unsolicited advertisement" under the TCPA if it is "material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise." If you own a small business and have a fax machine, you likely get bombarded by junk faxes.
The TCPA authorizes the recipient of a fax that violates the TCPA to file suit "to receive $500 in damages for each such violation." If the sender "willfully or knowingly violated" the prohibition, the court may award three times the $500 amount, i.e., $1,500. We have filed hundreds of cases against junk faxers.
Permissible fax advertisements must be sent either (1) with express permission or (2) by someone with whom you have an existing business relationship; the latter must also provide specified notice and contact information on the fax that allow recipients to "opt-out" of future faxes.
If you have received a junk fax at home or work, we will investigate and review the document without charge to decide if it is worth pursuing. The statute of limitations is four years, so faxes that old are actionable.
We have filed hundreds of cases for violation of these prohibitions, mostly as class actions, some as individual cases where there have been enough illegal communications to make it worthwhile.
In class actions, courts may award incentive fees to lead plaintiffs. Awards are discretionary, but $2,500 to $25,000 has been awarded.
There is no out of pocket cost to you for our services.
We have filed TCPA cases in Alabama, Arizona, California, Florida, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Michigan, Missouri, Ohio, New Jersey, New York, Pennsylvania, Utah, and Wisconsin.