Junk fax

Junk faxes are a form of telemarketing where unsolicited advertisements are sent via fax transmission. Junk faxes are the faxed equivalent of spam or junk mail. Proponents of this advertising medium often use the terms broadcast fax or fax advertising to avoid the negative connotation of the term junk fax.

Junk faxing came into widespread use in the late 1980s as a result of the development and proliferation of relatively inexpensive desktop fax machines which resulted in rapid growth in the number of fax machines in the U.S. The invention of the computer-based fax board in 1985 by Dr. Hank Magnuski, provided an efficient platform for reaching those fax machines with minimal cost and effort.

The fax machines of this period typically used expensive thermal paper and a common complaint about junk faxes was that they consumed that expensive paper without permission, thus shifting the cost of printing the advertisement to the recipient.

In the U.S., the passage of the Telephone Consumer Protection Act in 1991 along with action by individual states reduced the use of junk faxes at that time. However, by the late 1990s, junk faxing had once again become a widespread problem in the U.S., with the entry of a number of large-scale fax broadcasters such as fax.com who boasted of the capacity to send millions of fax advertisements per day. Because the legal restrictions of fax advertising are more widely known today, junk faxes are now predominately used in connection with disreputable or fly-by-night marketers.

The Telephone Consumer Protection Act of 1991 (47 USC 227), or TCPA, among other things specifically outlawed junk faxing:

The TCPA also requires a fax transmitter to identify the source phone number and transmitting organization or individual on each page. The process of war dialing to determine what phone numbers reach fax machines was also prohibited by the FCC rules under the TCPA.

The TCPA, in particular the junk fax provision, has been challenged in court on First Amendment grounds, but the law has withstood legal challenges.

In 2005, the United States Congress passed the Junk Fax Prevention Act of 2005. It amended the TCPA so as to no longer prohibit unsolicited fax advertisements if:

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