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Junk Fax Links

You are here: Home Junk Fax Law Sample Demand Letter

Sample Demand Letter to Mail to a Sender of a Junk Fax

by Richard Keyt

The following letter is an example of a demand letter that a person who received an unsolicited advertisement via facsimile might mail to the sender of the junk fax. The letter should be modified as necessary in light of the sender's particular facts and circumstances. KEYTLaw recommends that you always consult with a knowledgeable attorney licensed in the appropriate jurisdiction before sending a junk fax demand letter.

Sample Junk Fax Demand Letter

<date>

CERTIFIED MAIL

RETURN RECEIPT REQUESTED

<name of junk fax sender>

<address of junk fax sender>

<junk fax sender>

c/o <name of junk fax sender's statutory agent>

<address of statutory agent>

Re: <junk fax recipient>, v. <name of junk fax sender>

To Whom It May Concern:

On *, 2001, you sent a facsimile (the "Fax") to my facsimile machine that is connected to my telephone number xxx-xxx-xxxx.  A copy of your Fax is enclosed.  The Fax is an advertisement for the commercial availability or quality of property, goods, or services.  You sent your Fax to me without my prior express invitation or permission.  You and I have never had an established business relationship.

A federal law enacted in 1991 called the "Telephone Consumer Protection Act" (the "Act") provides that "It shall be unlawful for any person within the United States . . . to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine."  47 U.S.C. § 227(b)(1).  The federal law also provides that "A person or entity may . . . bring in an appropriate court . . . an action . . . to receive $500 in damages for each such violation . . . . If the court finds that the defendant willfully or knowingly violated this subsection or the regulations . . . .",  the court may triple the damage award.  See 47 U.S.C. § 227(b)(3) (emphasis added).

By sending the Fax to me, you violated 47 U.S.C. § 227(b)(1) and are now liable to pay damages to me of not less than $500 under 47 U.S.C. § 227(b)(3).  I believe you willfully or knowingly violated the Act, which would make you liable to pay me $1,500.  I am willing to waive my right to seek damages of $1,500 and will agree not to file a 47 U.S.C. § 227(b)(1) lawsuit against you if you pay me $500 on or before ______________, 2001.

If you do not pay me $500 by the deadline for payment, I intend to sue you in <city>, <state>, for violating the Telephone Consumer Protection Act.  If you force me to sue you, I will not settle for less than $1,000 and will seek triple damages of $1,500.  I also demand that you immediately cease and desist from sending any facsimiles to me in the future.

For information about the Act, see the article entitled "Junk Fax Law - the Telephone Consumer Protection Act of 1991," which can be viewed on the internet at http://www.keytlaw.com/faxes/junkfaxlaw.htm.  This article contains links to the complete statute, the federal regulations interpreting the Act, several junk fax articles and articles on a recent class action lawsuit called "Nicholson v. Hooters of Augusta, Inc.," (Richmond County, Georgia, Superior Court case number 95-RCCV-616).  Hooters hired a fax service that sent six unsolicited junk faxes to each of 1,321 fax numbers.  In April of 2001, the court ordered Hooters to pay treble damages of $11,889,000.

I am sending you a copy of this letter by regular first class mail in case you refuse to accept the certified mail, return receipt requested version of this letter.

<insert signature block for junk fax recipient>

cc:  <insert name of your lawyer>, Attorney

---------------End of Letter--------------

Notes:

1. If you can find the name and address of the statutory agent (registered agent) for a corporate or entity sender, add it to the name and address area of the letter and send the agent a letter too.

2. If you received more than one fax from the same sender, you may want to increase the amount of claimed damages and settlement amount.

3. You do not have a claim under the Act if you expressly invited the fax or gave permission for it or if you have an established business relationship with the sender (unless you previously notified the sender that you do not want to receive junk faxes).

4. Include a deadline by which the sender is to pay your settlement demand.  Give the sender at least ten days to pay.

5. Send a copy of the letter to each addressee in case any of them refuses to accept delivery of the Return Receipt Requested letter.

6. If your demands are ignored, you must decide whether to do nothing about the infringement or contact your lawyer and take legal action.  For more information about your legal options, contact an attorney licensed in your state.

7. We recommend that you consult with your attorney before sending the above demand letter.

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This page was last modified on July 22, 2007.

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