Legal Question in Business Law in Florida
Spam fax advertising with consent to contact
I understand that even if a 3rd party spam faxes a business number; if I am simply buying the responses and not affiliated with the sender; I am still liable..If the prospect has been faxed and thensigns a waiver stating: I agree to have a licensed insurance agent call me''; can I contact the client by phone as they request and be exempt from the spam fax that was sent originally?
Asked on 12/06/06, 10:57 am
1 Answer from Attorneys
Timothy J. Walton
Internet Attorney
Re: Spam fax advertising with consent to contact
No. The consent you describe is for the telephone call, not a waiver of the right to sue for the original unlawful fax.
The explicit consent must precede the sending of the fax advertisement.
Answered on 12/06/06, 11:42 am
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