The Federal Communications Commission issued a $5.4 million fine against Fax.com Inc., for broadcasting unwanted facsimile advertisements in violation of the Telephone Consumer Protection Act (TCPA) and the Commission’s rules. According to the FCC, the fine represents the largest single amount it ever imposed for a violation of the TCPA.
The FCC determined that Fax.com had violated the Commission’s rules on 489 separate occasions, and imposed an $11,000 fine for each violation. When issuing the penalty, the FCC also rejected Fax.com’s arguments that the TCPA’s junk fax ban is unconstitutional, and that the amount of the forfeiture was excessive. In its ruling, the FCC said that “Fax.com’s primary business activity itself constitutes a massive on-going violation” of the TCPA.
The FCC additionally ordered Fax.com to file a report within 30 days indicating whether it has come into compliance with the TCPA and FCC rules prohibiting junk faxes.
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