Responsibility Debate

In a statement sent via e-mail last week, Prudential defended itself, saying that the problems are the result of clerical errors by senders. "Prudential Financial's fax number is accurately listed on all of our forms and communications," it said.

John Pescatore, an analyst at Gartner Inc., agreed that Prudential can't be held responsible for mistakes made by others. "In this case, the person who is sending out the information is the one that's responsible," he said.

Faxes containing sensitive information often have disclaimers instructing recipients to either destroy the faxes or contact the sender in case they are sent to the wrong person, Pescatore said, adding that it is the responsibility of the recipient to follow such instructions.

Initially, North Regent contacted doctors' offices, clinics and even patients directly when it received a fax meant for Prudential, Baxmeyer said. But the company didn't have the resources to continue doing so. "It became a point of distraction for us," he said. "It would have taken an effort that we were not capable of."