TMCnet News

State of Indiana to Take Action Against Fax Blasters
[December 29, 2006]

State of Indiana to Take Action Against Fax Blasters


TMCnet Contributing Editor
 
Nearly every business with a fax machine has received its fair share of unwanted fax solicitations. Things from vacation packages to massages to discount printer cartridges have filled the pages of office paper merely to be thrown away or into the recycling box. Either way – it is a waste of time, resources and let’s face it, fax toner.


 
In order to stop these unwanted faxes, the receiver had to be able to identify the sender to be able to call and demand to be taken off of the “faxing list.” Even then there was no guarantee that the sender would abide by the request. Most businesses rely on their fax machines for business processes and disconnection wasn’t an option.
 
Business owners in Indiana will now get a helping hand from the state as it is setting up a hotline for consumers to complain about unwanted faxes. The senders of these unsolicited faxes will be told to stop or face fines of up to $1,500 per fax.

According to Indiana Attorney General Steve Carter, some senders are bombarding consumers every day, every week, and every month and the continued receipt of these unsolicited faxes can be significant.

Designed on the same concept as the state’s popular “do not call” list, “do not fax” does differ in that consumers can not sign up to block a violator. Instead, consumers merely rat out fax senders by communicating with the attorney general’s office via e-mail or standard letter or by calling the hotline.

Roughly 60 percent of Indiana residents use the do-not-call list to eliminate telemarketer’s calls. And, these so-called “blast faxers” have been illegal since 1991 with the passing of the Telephone Consumer Protection Act that targeted telemarketers. The act is rarely obeyed and even more rarely are penalties assessed against violators.
 
Indiana is not the only state to take action against “fax blasters.” Michigan and Tennessee have also enacted do-not-fax laws and other states may soon follow. Promoters that specialize in fax advertising are not excited about the new laws as they feel many consumers want to receive the information that they send and this law will require that they investigate new ways to reach their audience.
 
The Indiana law, which takes effect Monday, will prohibit the use of any telephone facsimile machine, computer or other device to send unsolicited advertisements to other fax machines. The exceptions to this rule include fax ads sent to a fax machine with the recipient’s prior permission or if an established business relationship exists and faxes that do not advertise, such as issue advocacy or charitable solicitations.

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Susan J. Campbell is a contributing editor for TMC and has also written for eastbiz.com. To see more of her articles, please visit Susan J. Campbell’s columnist page.


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