回複：發廣告傳真要付$500罰款嗎？

(1)樓上的兩位兄弟 (qw & rttuy)，如果你們願意幫忙，最好 ! 不然留些口德好媽 ? 這是討論法律事件的論壇不是寵物樂園任由您們兩位狗吠狗...
(2)To 求助的朋友，老貓的回付如下
)我是否應付罰款
跟據TCPA 的規定，對方必須以書麵或語音"確實"通知你對方不願意收到這樣的傳真from your company !所以對方如果沒有如此的要求，您就沒有錯，不過您的case，也許您可去函告知對方您已經收到對方的請求，所以"往後"對方不會再收到您的FAX,這樣應該可化解糾紛, 當然如果對方仍堅持以過去"已經"提出要求，而你並沒有遵守，一定要提出告訴，
Do Not Woory，因為如果上庭，對方必須提出證據證明這項要求曾經提出，且對方須要證明您確實收到這項要求，所以在法律訴訟中，對方要花更多的力量。
同時，即使對方已提出要求，ｔｃｐａ?仍容許您在12個月中犯一次過錯（對方必須像您提出一次正式的抗議之後，才能采取訴訟），所以您不必緊張?！
2)如果是，應否付給他個人，還是等法庭的消息

當然不須要付給個人，等對方提出訴訟到當地法院，（which 當地州法院對您沒有管轄權，所以必須到聯邦法院，放心整個過程至少要半年到九個月，到時為了$500而花費大筆律師費，沒有人會這樣想不開的）或是file complain to Federal Communications Commission (FCC),FCC 是對您有管轄權，但是FCC?通常隻會給予您一個警告，除非您是履犯才會開發罰單
（同時FXX有非常好的申訴管道，您不必擔心）
3)如果要出庭，我是否要去麻州？罰款是否包括對方的律師費和交通等其他費用？

您可親自出庭，或是委托當地律師代表您，如果您需要任何推薦律師American Bar Association（ABA)的網頁有link，可供您參考，如果您輸了，對方court fee,和?legal expense可能需要您負擔，但是決定權在法官，所以此時不須要急

最後付上?TCPA 的?摘要供您參考?

Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act was passed in 1991. The Federal Communications Commission the rules and regulations implementing the act went into effect on December 20, 1992. A court challenge to parts of the act ultimately failed.
From a telephone marketer's viewpoint, the most significant part of the TCPA regulations concern commercial solicitation calls made to residences. Those making the calls are required to:

Limit the calls to the period between 8 A.M. and 9 P.M.

Maintain a "do not call list" and honor any request to not be called again. When such a request is received, the requester may not be called again on behalf of the business for whom the solicitation is made. One error is allowed in a twelve month period. Subsequently, the soliciting companies are subject to penalties. A person's name must be kept on the "do not call list" indefinitely.

Have a clearly written policy, available to anyone upon request.

Have a clearly defined training program for their personnel making the telephone solicitations.

If you are a service bureau, forward all requests to be removed from a list to the company on whose behalf you are calling. Its is that company that is legally liable under the TCPA, not the service bureau. The "do not call" request must also be honored by any affiliate or subsidiary of the company if there is a reasonable expectation on the part of the consumer that there request would apply also to the affiliate or subsidiary.

A call is exempt from the TCPA if the call:

Is made on behalf of a tax-exempt nonprofit organization.

Is not made for a commercial purpose.

Does not include an unsolicited advertisement, even if it is made for a commercial purpose.

Is made to a consumer with whom the calling company has an established business relationship. This relationship cannot be established merely by having made a prior solicitation call. The customer ends this exemption when he or her requests that no more calls be made.

Other important provisions of the TCPA include:
A ban on autodialers and artificial or prerecorded voice messages programmed to call any emergency phone lines (including 911 numbers, hospital emergency lines, physicians or medical service lines, health care facilities, poison control centers, fire protection or law enforcement agencies), pagers or cellular phones, or a call for which a charge is made to the calling party.
A prohibition against the use of artificial or prerecorded voice messages to call a residence except in cases of emergency or if the caller has received prior express consent. (Such calls to businesses are not prohibited.)
A prohibition against the use of an autodialer to engage two or more lines of a multi-line business.
A requirement that anyone using an autodialer or an artificial or prerecorded voice message to call any number state the identity of the caller at the beginning of the message and give the address and phone number of the caller during the call.
A ban on sending unsolicited advertisements by fax to anyone without prior express consent. A prior business relationship is considered consent unless the recipient of the fax withdraws that consent. (This provision was unsuccessfully challenged in federal court.)
The TCPA can be enforced in at least three different ways:
The individual who receives a call after a name removal request has been given to the caller is granted a private right of action in a local court and may sue for $500 in damages for each violation. In some cases, the courts can levy triple damages. Similar suits may be filed for violations of the TCPA's provisions regarding faxes, autodialers, and artificial or prerecorded messages.
States may initiate civil action against offending companies on behalf of their citizens.
Complaints may be filed with the Federal Communications Commission, which has the power to assess penalties against parties in violation of the TCPA.

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• Thanks a million! -cutemonkey- ♂ (36 bytes) () 12/21/2004 postreply 09:13:53