[r65] Rep. Koch's Junk Fax Law Sees Results (2/12/2008)

Tuesday, February 12, 2008

Start Date: 2/12/2008 All Day
End Date: 2/12/2008

The Indiana attorney general's office announced last week that eight lawsuits had been filed against suspected violators of the Indiana Do Not Fax Law, and voluntary compliance has been obtained from another 250 companies since enforcement of the law began January 1, 2007. State Rep. Eric Koch (R-Bedford) co-authored the law, which passed the General Assembly unanimously in 2006.

"I am pleased that, in just a year, we are seeing great results," said Rep. Koch. "Junk faxes are a nuisance and drain small business owners' time and resources."

Recipients of unsolicited advertising faxes may report them to the Telephone Privacy Division of the attorney general's office. Rep. Koch co-authored House Enrolled Act 1280, which makes the sending of an unsolicited fax a deceptive consumer act and allows the attorney general to pursue penalties of up to $1,500 per unwanted fax.

In order to pursue a complaint, the attorney general will need a copy of the unsolicited fax along with a completed complaint form. Unlike the Do Not Call registry, citizens do not need to sign their fax number up on any registry. Citizens wishing to file complaints should save a copy of the unsolicited fax to submit with the consumer complaint form.

Under federal law, faxes that do not promote a commercial product or service, such as religious or political messages, are not subject to the law. Additionally, faxes sent because of a prior or established business relationship do not qualify as advertisement faxes.

Consumers can go to www.in.gov/attorneygeneral to file a complaint about an unsolicited fax. In order to submit the complaint, print and fill out the form and mail it to the Telephone Privacy Division along with a copy of the unsolicited fax. Consumers can mail their complaint to:

Indiana Attorney General's Office
Telephone Privacy Division
302 W. Washington St.
Indianapolis, IN 46204

Consumers without Internet access can call 1-888-834-9969 and ask for a complaint form to be mailed to them.

For more information, please contact State Representative Eric Koch at the Statehouse, 200 W. Washington St., Indianapolis, IN 46204, 1-800-382-9841, h65@iga.in.gov.