In what the FCC called a "massive on-going violation" of the Telephone Consumer Protection Act (TCPA), Fax.com had operated as a "fax broadcaster," faxing messages on behalf of others for a fee.
Junk faxes can be a more expensive nuisance than spam e-mail, given that fax recipients pay for ink and paper with each message.
In total, the FCC found that Fax.com had violated the TCPA on 489 separate occasions and imposed the maximum fine of $11,000 for each breach. It rejected the company's arguments that the fax ban was unconstitutional and that the proposed fine, the largest ever imposed by the FCC for violation of the TCPA, was excessive.
The FCC has also ordered Fax.com to file a report within 30 days indicating whether it has come into compliance with the TCPA and FCC rules prohibiting junk faxes.
The FCC indicated that this report, along with any consumer complaints, would be used to determine whether additional enforcement action should be taken against Fax.com, or the companies on behalf of whom Fax.com sends unsolicited fax advertisements.