Thursday, February 12, 2009

Company Held Liable for Unwanted Faxes

From the New York Law Journal:
Carnival Corp., the world's largest cruise ship operator, faces damages of up to $2 million following a judge's finding that the company violated a federal statute by faxing a travel agent between 540 and 1,387 unsolicited advertisements over the course of about four years.

Eastern District of New York Judge I. Leo Glasser held that the faxes violated the Telephone Consumer Protection Act of 1991, which bars the use of any "telephone facsimile machine ... to send an unsolicited advertisement."

Businesses which might be contemplating the use of a fax machine to send advertisements should take heed of this decision before doing so. At the same time, consumers or others who might be on the receiving end of such faxes may wish to contact an attorney to review their legal rights.