Tired of having your business fax machine clogged by faxes regarding vacations, health insurance, and drug supplements? Well, the Oklahoma Supreme Court finally held that individuals may sue the senders of unsolicited faxes or phone calls in state court based on the provisions in 47 U.S.C. §227.

In MLC Mortgage Corp. v. Sun America Mortgage Co., 2009 OK 37, the Court recognized a private right of action, based on 47 U.S.C. §227, to sue senders of unsolicited faxes.

While this certainly won’t amount to windfall profits for plaintiffs seeking to recover (the statute limits penalties to $500 per violation), there may be some potential for class actions and other violations.

Although the Court has relaxed the requirements, there is still the requisite that the individual or business meet certain particular qualifications.

If you or your business are receiving an overwhelming number of faxes or unsolicited telephone calls, contact our office for a free consultation regarding your rights.