回复：发广告传真要付$500罚款吗？

(1)楼上的两位兄弟 (qw & rttuy)，如果你们愿意帮忙，最好 ! 不然留些口德好妈 ? 这是讨论法律事件的论坛不是宠物乐园任由您们两位狗吠狗...
(2)To 求助的朋友，老猫的回付如下
)我是否应付罚款
跟据TCPA 的规定，对方必须以书面或语音"确实"通知你对方不愿意收到这样的传真from your company !所以对方如果没有如此的要求，您就没有错，不过您的case，也许您可去函告知对方您已经收到对方的请求，所以"往後"对方不会再收到您的FAX,这样应该可化解纠纷, 当然如果对方仍坚持以过去"已经"提出要求，而你并没有遵守，一定要提出告诉，
Do Not Woory，因为如果上庭，对方必须提出证据证明这项要求曾经提出，且对方须要证明您确实收到这项要求，所以在法律诉讼中，对方要花更多的力量。
同时，即使对方已提出要求，ｔｃｐａ?仍容许您在12个月中犯一次过错（对方必须像您提出一次正式的抗议之後，才能采取诉讼），所以您不必紧张?！
2)如果是，应否付给他个人，还是等法庭的消息

当然不须要付给个人，等对方提出诉讼到当地法院，（which 当地州法院对您没有管辖权，所以必须到联邦法院，放心整个过程至少要半年到九个月，到时为了$500而花费大笔律师费，没有人会这样想不开的）或是file complain to Federal Communications Commission (FCC),FCC 是对您有管辖权，但是FCC?通常只会给予您一个警告，除非您是履犯才会开发罚单
（同时FXX有非常好的申诉管道，您不必担心）
3)如果要出庭，我是否要去麻州？罚款是否包括对方的律师费和交通等其他费用？

您可亲自出庭，或是委托当地律师代表您，如果您需要任何推荐律师American Bar Association（ABA)的网页有link，可供您参考，如果您输了，对方court fee,和?legal expense可能需要您负担，但是决定权在法官，所以此时不须要急

最後付上?TCPA 的?摘要供您参考?

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