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IAPP CIPP/US Practice Exam

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Fax.com faced a class action suit for sending bulk faxes. The defendant faced damage claims amounting to $2.2 trillion. Damages under the Junk Fax Prevention Act allow for:
  1. Tiered statutory damages based on the number of faxes sent
  2. Tiered statutory damages based on the number of faxes sent and discretion for the court to double those damages
  3. Damages assessed per violation and discretion for the court to double damages
  4. Damages assessed per violation and discretion for the court to triple damages
Explanation
Answer: D - Under the Junk Fax Prevention Act, damages are assessed per violation and the court has discretion to triple damages upon the finding that the violations were committed by a willful or knowing sender.
 
According to the Plaintiff originally seeking court action against Fax.com, Fax.com sent up to 3 million unsolicited faxes per day.  The company contacted business offices looking to obtain information about any new fax lines. In some cases, these violations have been considered a threat to public safety.
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