You asked for a summary of Connecticut laws concerning junk faxes.

SUMMARY

Two state laws prohibit sending unsolicited faxes. Both authorize a fax recipient to sue the sender for damages. The second makes it an unfair trade practice to send an unsolicited fax advertisement. The consumer protection commissioner can investigate unfair trade practices, the attorney general can sue to stop violations, and the injured party can file a private lawsuit under this law to recover actual and punitive damages and attorney's fees.

UNSOLICITED ADVERTISEMENTS

The law, adopted in 1989, prohibits anyone from sending unsolicited advertisements by fax. Anyone aggrieved by unsolicited fax advertisements may sue to prohibit further violations and to recover the greater of $ 200 or actual damages plus attorney's fees and courts costs (CGS § 52-570c). Suits must be brought within two years from receiving the fax.

DO NOT CALL LIST

The second, adopted in 2000 as part of the law establishing the state's “Do Not Call List,” prohibits telephone solicitors from sending, or causing to be sent, “unsolicited telephonic sales calls” by fax. A “telephone solicitor” is an individual or business making sales calls. An “unsolicited telephonic sales call” is any sales call made to marked goods or services other than one made (1) in response to a consumer's request, (2) in connection with an existing transaction or arrangement, or (3) to an existing customer, unless the customer has stated that he does not wish to receive calls (CGS § 42-288a).

A violation is an unfair or deceptive trade practice. Under the Connecticut Unfair Trade Practices Act, the consumer protection commissioner may investigate complaints, issue cease and desist orders, order restitution in cases involving less than $ 5,000, enter into consent agreements, ask the attorney general to seek injunctive relief, accept voluntary statements of compliance, and issue regulations defining what constitutes an unfair trade practice. The act also allows individuals to sue. Courts may issue restraining orders; award actual and punitive damages, costs, and reasonable attorney's fees; and impose civil penalties up to $ 5,000 for willful violations and $ 25,000 for violating restraining orders (CGS § 42-110a et seq. ).

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