TRA Imposes Fines For Violations Of Tennessee Do Not Fax And Do Not Call Laws

Wednesday, May 22, 2013

The Tennessee Regulatory Authority (TRA) has issued a fine in the amount of $226,000 to a Florida-based man for violating Tennessee’s Do Not Fax law. The law, established in 2003, prohibits organizations and individuals from sending unsolicited fax advertisements to Tennessee consumers without obtaining prior consent.

The Consumer Services Division of the TRA found evidence that David Andrews of Florida violated the state’s nofax law. The investigation uncovered violations involving 31 consumers who had received at least 113 separate unsolicited faxes from Mr. Andrews advertising various vacation packages. The violations occurred between 2008 and 2012. Under the no-fax law (Tennessee Code Annotated § 65-4-502(a)), each violation carries a fine of up to $2,000 per incident. 

“The consumer protections established in state law are designed give consumers relief from unsolicited fax or phone solicitation activities,” said TRA Chairman Jim Allison. “I applaud our team of investigators for their dedication and vigilance in enforcing the state’s laws and for working towards weeding out those who deliberately break the law.” 

State Senator Ferrell Haile of Gallatin, Tennessee agrees. “Willfully breaking the law has consequences, and as lawmakers we are committed to upholding that which has been entrusted to us by the consumers of this great state,” he said. “Tennesseans will appreciate the work of TRA and its efforts towards reducing unwanted fax and telemarketing activities.” 

In addition, the TRA has agreed upon settlements with five other entities for not only violating the state’s Do Not Fax law, but also the Tennessee Do Not Call law. The entities are as follows:

• Global Media Management, LLC. Five (5) Do Not Call violations. Settlement: $12,000
• Storm Damage Specialists, LLC. Nine (9) Do Not Call violations. Settlement: $6,000
• National Protection Service. Four (4) Do Not Call violations. Settlement: $2,500
• Armor Roofing, LLC. Three (3) Do Not Call violations. Settlement: $2,000 
• Vacation Express Corp. Four (4) Do Not Fax violations. Settlement: $2,000

To place a residential number on the Do Not Call registry, call 1-877-872-7030. Registered phone numbers will be in effect on the registry 30-days from the date on which the number was registered. Related resources: “Frequently Asked Questions” about Tennessee’s Do Not Fax and Do Not Call programs, including how to file a complaint, are available on the TRA’s website at www.tn.gov/tra.



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