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Written by Jamie Simpson, LawServer Attorney-Editor
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October 30, 2008 |
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Indiana AG Steve Carter has filed suit against three companies for violating the state's Do Not Fax law, according to The AG Office. Five Star Advertising, Inc. and Sportex, Inc. are accused of faxing residents unsolicited offers for sports apparel, and Jessie Daniel Caseres of SOS Marketing allegedly violated the law while offering discounted healthcare plans in the state. Indiana law allows for civil penalties of up to $1,500 per violation. Unsolicited fax advertisements are considered a deceptive act under state law. Recipients of advertisements must either request the information or have an existing business relationship with the sender, the sender must provide an opt-out number, and the date and time along with identification and phone numbers of the sender must be included in the fax. Since the law's inception in January 2007, the AG has filed 10 suits alleging violations, and 333 companies have voluntarily complied.
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