What is the "Do Not Fax" law and what should I do when I get a junk fax?

The state of Indiana has passed a law prohibiting the sending of unsolicited fax advertisements. According to the Indiana Deceptive Consumer Sales Act, it is a deceptive act for a supplier to send a fax that violates 47 U.S.C. 227, also known as the Telephone Consumer Protection Act (TCPA), or any regulation issued under the TCPA.

An unsolicited advertisement, under both Indiana and federal law, is any material advertising the commercial sale of any property, goods, or services that was received without permission or prior invitation. Advertisements sent with prior invitation or permission by the recipient, or those not involving commercial sale, are exempt.

Also exempt from this law are unsolicited fax advertisements sent from companies that have an established business relationship (EBR) in place with the recipient. However, these fax advertisements must include an opt-out notice on the fax. This allows the recipient of the fax to inform the sender that future faxes are not welcome. For more about established business relationships, see the Indiana Attorney General's website.

What you can do about junk faxes

If you receive a junk fax, you can file a complaint with the Indiana Attorney General's office using the fax complaint form available here. Print out the form, fill out the necessary information, and then mail it to the Attorney General's office.

You can also file a complaint with the Federal Communications Commission (FCC). You have three options to file:

  • Online: Use the FCC's File Complaint site.
  • By phone: Call 888-CALL-FCC (888-225-5322), or 888-TELL-FCC (888-835-5322) for TTY.
  • By mail: Write:
    Federal Communications Commission
    Consumer & Governmental Affairs Bureau
    Consumer Inquiries and Complaints Division
    445 12th Street SW
    Washington, DC 20554

Also, according to the TCPA, it is possible to sue the fax sender in small claims court. You can recover monetary losses or up to $500 in damages for each violation and, if proven that the sender knowingly committed this violation, you can recover up to $1,500 per fax. Contact your county clerk's office to file a claim in small claims court.

This is document auyp in the Knowledge Base.
Last modified on 2015-03-12 00:00:00.

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