| Q: |
What is the “Do-Not-Fax” Program?
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A: |
The Tennessee Do-Not-Fax Program is a consumer protection
initiative passed into law by the Tennessee General Assembly and signed by Governor Phil Bredesen. Administered by the Tennessee
Regulatory Authority (TRA) the program was established to provide relief to Tennessee citizens from unwanted fax advertisements.
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| Q: |
What qualifies as an “unwanted fax advertisement?”
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| A: |
The Do-Not-Fax law defines it as “any material advertising the
commercial availability or quality of any property, goods, or services,
that is transmitted by fax to any person located within the State of
Tennessee without such person’s prior express invitation or permission, and is transmitted from Tennessee or elsewhere for the
purpose of offering the extension of credit or encouraging the purchase or rental of, or investment in, property, goods, or services.”
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| Q: |
Who can participate in the program?
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| A: |
Any resident or
business within the state of Tennessee who is the owner of a fax
machine may participate in the program.
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| Q: |
Is there a fee to participate? |
| A: |
No. The program is free of charge!
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| Q: |
How do I sign-up?
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| A: |
You
don’t! The law that governs the program’s operation requires
that companies that send fax transmissions to you obtain your
permission before a
fax advertisement is sent.
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| Q: |
I receive an unwanted fax after I have notified a company to stop, what should I do?
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| A: |
If
you receive a fax transmission from a company that has not obtained
your permission, you may contact the TRA to file a formal complaint.
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| Q: |
How do I
file a complaint?
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| A: |
Complaints
can be filed with the TRA by downloading the complaint form (click
here for the form) and mailing it to the TRA. Please send a
copy of the original fax received with your complaint form.
A copy of
this complaint form can be mailed or faxed to you by
calling toll-free 1-800-342-8359 ext. 200 or 615-741-3939 ext.
200.
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| Q: |
What should I expect from the TRA after my complaint is filed?
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| A: |
Every
consumer complaint filed with the TRA is addressed and is replied to
by a member of our staff. We will investigate your complaint and
respond back to you with the results of our findings.
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| Q: |
What is
the penalty for sending unsolicited fax advertisements?
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| A: |
The
law that governs the operation of this program has authorized the
TRA to initiate proceedings relative to the violation of the
state’s law. Violators of the law may face a civil penalty of up
to a maximum of $2,000 for each violation. Each page of each
unsolicited fax transmission may embody a separate violation.
Moreover, the state law permits the TRA to seek additional remedies
in any court of competent jurisdiction that we deem necessary.
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| Q: |
What happens to organizations that persist in distributing
faxes to persons who have requested, via return fax, not to
receive them?
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| A: |
The law that governs the operation of this program has authorized the TRA to initiate proceedings relative to the violation of the state’s law. Violators of the law may face a civil penalty of up to a maximum of $2,000 for each violation. Each page of each unsolicited fax transmission may embody a separate violation. Moreover, the state law permits the TRA to seek additional remedies in any court of competent jurisdiction that we deem necessary.
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| Q: |
Exemptions – What is NOT covered by this program?
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| A: |
The Tennessee Do-Not-Fax Program does not cover transmissions delivered to an individual’s email address. That would qualify as “Spam.” Currently there is no such program within the federal or state branches of government that regulates the dissemination of unwanted email, or spam. The Tennessee program does not cover every unsolicited fax transmission, only advertisements. Further, the program applies only to those transmissions received by an individual’s telephone fax machine.
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| Q: |
What
are the requirements for business fax advertisements? |
| A: |
1.
Any
transmission by facsimile machine shall include in a margin at the top
or bottom of each page or on the first page of the transmitted page the
date and time of the transmission;
2.
An identification of the business, other entity, or individual sending
the message; and
3.
The telephone number of the sending machine or of such business, other
entity or individual.
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