Dear Sun Spots: We all know about the National Do Not Call registry, but what can be done about companies that send junk faxes that clog our fax machines?

These faxes have phone numbers that can be called to have your fax number removed from the offending company’s files. However, even after a phone call to have a fax number removed, faxes from these same companies continue to come in but now with different phone numbers listed for removal. Is there anything that can be done about this losing battle? – Diane Poulin, Auburn.

Dear Sun Spots: Have you any suggestions as to what to do after you politely request calls (on fax) to cease their calls? They are either opinion polls with a for-fee response or a pitch for sale of low-grade stocks. I have registered to cut out telemarketing on my phone which seems to help but does not affect the fax. Thanks for any help. – R.O.W., Rumford.

Answer: According to the Federal Communications Commission’s Web site:

The Telephone Consumer Protection Act of 1991 and Federal Communications Commission rules prohibit sending unsolicited advertisements, also known as “junk faxes,” to a fax machine. This prohibition applies to fax machines at both businesses and residences.

An “unsolicited advertisement” is defined as “any material advertising the commercial availability or quality of any property, goods or services which is transmitted to any person without that person’s prior express invitation or permission.” A person may grant permission to send a fax advertisement only with a signed, written statement that includes the fax number to which any advertisements may be sent. Just because your fax number is published or distributed does not mean others have permission to send you unsolicited advertisements.

The rules state:

• It is unlawful to send an unsolicited advertisement to a facsimile machine without the prior written permission of the recipient of the advertisement.

• The business or entity on whose behalf the fax is being sent must identify itself in the top or bottom margin of each page or on the first page of the fax message, and must include its telephone number and the date and time the fax is sent.

• If a facsimile broadcaster (the person or entity transmitting messages to a fax machine on another person’s behalf) demonstrates a “high degree of involvement” in the sender’s facsimile messages, such as supplying the facsimile numbers to which a message is sent, the facsimile broadcaster must provide its name on the fax.

• A facsimile broadcaster may be liable if it supplies facsimile numbers to a business or entity sending unlawful fax advertisements.

• Faxes sent to fax servers and personal computers are covered by the faxing rules.

How the FCC Can Help: The FCC has taken numerous enforcement actions, including the issuance of citations and fines, against companies for violations and suspected violations of the act’s prohibition against unsolicited faxes. Consumers who have received unsolicited faxes are encouraged to contact the FCC regarding the incident(s). You may need to provide documentation in support of your complaint, such as copies of the fax(es) you received.

If you have received an unsolicited fax advertisement you believe violates the act or the commission rules, you may file a complaint by completing the FCC’s online consumer complaint form at www.fcc.gov/cgb/complaints.html, or by calling the FCC’s Consumer Center at 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY. You can also send a letter summarizing the complaint to:

Federal Communications Commission

Consumer & Governmental Affairs Bureau

Consumer Inquiries and Complaints Division

445 12th St., SW

Washington, DC 20554

This column is for you, our readers. It is for your questions and comments. There are only two rules: You must write to the column and sign your name (we won’t use it if you ask us not to). Letters will not be returned or answered by mail, and telephone calls will not be accepted. Your letters will appear as quickly as space allows. Address them to Sun Spots, P.O. Box 4400, Lewiston, ME 04243-4400. Inquiries can also be posted at www.sunjournal.com in the Inform Us section under Press Release.

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