<p>There are specific rules about what must be disclosed in faxes and most spam faxes violate these rules. Specifically, the fax must have a header indicating the number the fax is being transmitted from.</p>
<p>In theory, there is a private right of action (lawsuit) you can file in state court that gives you a claim under the FCC rules of up to $1,000 for each spam fax. Some industrious people have used the law to do just that. I learned about this when a 26 year-old regulatory attorney who worked in a consumer protection division of a federal agency (someone who would know this sort of stuff inside and out) dropped this kind of lawsuit on a client whose product was featured in two junk faxes he received.</p>
<p>The problem is that, even for those who are inclined to sue, it’s very difficult to find the perpetrator. It’s one thing to look at a fax and say, “Hey, this is illegal because it doesn’t reveal who sent it!” and it’s another thing to track down who sent it. Then, if you can locate the perpetrator, you’re likely to learn that the fax spam company is located outside the U.S.</p>
<p>So while $1,000 per fax sounds like it could be as easy a get-rich-quick scheme as any of the penny stock tips you get bombarded with, try filing dozens of lawsuits, proving your case or getting a default judgment and then trying to get it enforced.</p>
<p>Still, the paperwork by that regulatory attorney who sued my client convinced me that his lawsuit wasn’t frivolous if could only find the right defendant. It was compelling enough that I once gave serious thought to cutting a deal with offices that receive spam faxes to give them a stake in each fax they send. Something like 75 (me) - 25 (office) for successful collection actions in which the office would simply retransmit spam faxes to me, together with caller ID information, and I figured the businesses would love me and I would be shopping for private jets and owning thoroughbred race horses in no time.</p>
<p>But as I looked at it further, the list of hurdles kept growing and growing. Not all states have adopted laws that accommodate citizens who wish to make these claims. And there are numerous defenses available to people who send faxes. And think of all the ways that, somewhere, somehow, you might have given your consent by filling out a sweepstakes entry or provided information to an Internet retailer before reading the fine print in their privacy statements.</p>
<p>Still, there’s got to be someone out there who’s a glass half full person with some fire in their belly who is making a killing by suing junk faxers. I’m even getting interested in this again…a little.</p>