If you have been receiving junk faxes, you may be entitled to compensation from the companies that sent them to you. But, how do you go about filing a lawsuit against junk fax services? Here are some things you should know. Read on for an overview of your rights. Here’s a breakdown of the process:
This TCPA and junk fax lawsuit involves the question of standing. Whether a fax advertisement constitutes junk mail is a central issue in this case. The Court of Appeals for the Seventh Circuit ruled in Thalman’s favor on April 1, 2008. Despite this decision, this lawsuit still has important consequences for businesses and consumers. While the TCPA protects businesses from unsolicited fax advertisements, the law does not protect junk faxes.
The TCPA and junk fax lawsuit is one of the most common types of lawsuits. Although a consumer is not entitled to collect more than five dollars per fax, this does not prevent a consumer from filing suit. Moreover, a TCPA violation can result in a hefty penalty. If you are the victim of junk faxing, contact Sommers Schwartz today to find out if you are eligible to file a lawsuit.
A Violations in Junk Faxed Lawsuit Can Get You Millions of Dollars in Damages. The TCPA is a federal law that prevents junk faxes from being sent to consumers without their permission. The FCC is authorized to enforce the TCPA, but the FCC has repeatedly misinterpreted the statute. Despite this, online fax services do not fall under the jurisdiction of a junk fax lawsuit.
A Silicon Valley executive filed a class action suit against a company that sends unsolicited bulk faxes, seeking as much as $2.2 trillion in damages. That’s more than the federal budget for the entire year. Kirsch believes consumers should receive triple damages in these cases and has asked for class action status to make his suit a class action. The lawsuit has not been dismissed yet but is a promising sign.
Several states have passed laws protecting consumers from unwanted faxes. These laws provide separate legal remedies, such as attorney fees, but the number of damages can quickly pile up. Recently, a Texas court awarded a woman nearly $500,000 in damages for receiving junk faxes without her permission. Federal laws such as the Telephone Consumer Protection Act (TCPA) and state laws also provide opportunities for damages lawsuits. The TCPA prohibits the sending of unsolicited faxes, such as junk faxes. Damages may be sought for violations, including for wasted paper, ink, and time spent sorting through incoming faxes.
To file a TCPA claim, the sender must first obtain the rights to the fax. Under federal law, it must be determined that the sender of the faxes knew about the TCPA to be legally responsible. In states where faxes are common, the fax list owner must outright purchase the rights to faxes. But this requirement does not apply to all states.
Assignment of claims
An assignment of claims in a Junk Faxes lawsuit is a form of private litigation where the Plaintiffs aggregate the claims of all TCPA-covered junk fax recipients and file them in federal and state courts. The claims allege that the Defendants-Appellees violated the TCPA by sending unsolicited advertisements by fax. The Plaintiffs seek a statutory award of $500 or $1500 per unsolicited fax and a $2,500 statutory award for each knowingly sent a fax.
The Can-Spam Act of 2003 made TCPA violations much less likely in fax lawsuits. But that hasn’t stopped junk faxing from happening. As a result, the TCPA has been amended to protect consumers from unwanted advertisements. But it’s still illegal to send unsolicited faxes. So what can you do if your phone is getting filled with junk faxes? A lawsuit can help you hold the faxers accountable.
Tampa Bay Buccaneers’ faxes
The Tampa Bay Buccaneers are facing a $90 million fine under the Junk Fax Prevention Act of 2005. The law imposes a $500 fine for each unwanted fax sent to a person’s home or business. The Tampa Bay Times reported that more than one-hundred thousand people received unsolicited faxes from the Buccaneers. The amount of damages cited in the suit is uncertain, but the fine is expected to be high. If the Tampa Bay Buccaneers win the suit, they could be hit with as much as $270 million in fines.
The Tampa Bay Buccaneers allegedly sent unsolicited fax advertisements to their fans, prompting them to buy tickets from Ticketmaster. The faxes violated the Telephone Consumer Protection Act, which protects consumers from receiving junk faxes. If you’ve received unsolicited faxes from the Buccaneers, fill out a claim form and file your claim. If you received faxes related to tickets in 2009 or 2010, you’re eligible for a settlement. If you received faxes from the Buccaneers, you can receive up to $25 per fax.