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Category: Legal
Satisfied Customers: 17223
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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In NY, does the tcpa of 1991 mean I can take to small claims

Customer Question

In NY, does the tcpa of 1991 mean I can take to small claims the senders of unsolicited faxes to my place of business?
Submitted: 8 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 8 years ago.
Yes, as long as you did not give permission to them to send these faxes.

Under the TCPA, recipients of unsolicited fax advertisements can file suit in state court to collect the greater of $500 or actual damages for each violation, and/or obtain an injunction (a single junk fax can, and often does, contain multiple violations). If a court determines that the violations were willful or knowing, the damages can be tripled at the discretion of the court.
WALLSTREETFIGHTER and 3 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Wanted to be sure that the rules of TCPA apply to a business getting faxed as well as an individual.
Expert:  WALLSTREETFIGHTER replied 8 years ago.
The ban is also on the use of fax machines for unsolicited commercial advertisements ("junk faxes") to either residences or businesses. A court challenge to this provision failed.