Fighting Junk Faxes 

Sawaya, Rose and Kaplan, P.C. is a leader in fighting unsolicited fax advertisements under both state and federal laws. Richard Rose has been involved in numerous "junk fax" law suits in Colorado alone. He has pursued to conclusion junk fax cases in not only trial courts, but, additionally, before the Colorado Court Of Appeals and the Colorado Supreme Court. He has been involved in one of the more notable fax law cases before the Colorado Supreme Court, Kruse v. McKenna, 178 P .3d 1198 (Colo. 2008).

In the federal courts, Mr. Rose has pursued junk fax matters before the United States Court Of Appeals for the Tenth Circuit, US Fax Law Center, Inc. v. iHire, Inc., 476 F. 3d 1112 (10th Cir. 2007), and the U.S. Supreme Court.

What the Law States....

47 USC § 227 et seq., prohibits use [of] any telephone facsimile machine, computer or other device to send an unsolicited advertisement to a telephone facsimile machine...

An "unsolicited advertisement" is any material advertising the commercial availability or quality of any property, goods or services, which is transmitted to any person without that persons/business' prior express invitation or permission.

Colorado Revised Statutes § 6-1-702, prohibits unsolicited advertisements sent to a telephone facsimile machine and requires each facsimile transmission to meet a variety of technical requirements, including a proper header/margin disclosures and to further be in full compliance with requirements of the Federal Statute and the Federal Regulations.

aquiat@faxlawcenter.com