Important Disclaimer
July 2005
Federal Law Governing Fax Communications
Prepared By: Melissa C. Marsh
On July 9, 2006, the Junk Fax Prevention Act of 2005 ("JFPA") set forth new rules governing the transmissions of faxes to advertise a company's products and services. Pursuant to the JFPA, faxes containing advertising and promotional material may be sent to those individuals who have provided their express consent or with whom the business has an established business relationship. The JFPA also provides that the sender must include a clear and conspicuous opt-out notice on the first page of the fax, and that those opt-out provisions must be available 24 hours a day, 7 days a week, 365 days a year. A sender who receives an opt-out notice must comply with the request within 30 days.
Consent.
The JFPA clarifies that written consent is not required, so long as there is prior express invitation or permission. In essence, any form of permission is sufficient so long as the sender can prove it was granted permission. The JFPA further allows a company to send an unsolicited advertisements via fax if the sender has a pre-existing relationship with the individual to who the fax is sent and obtained their fax number either voluntarily or through a public phone directory or other public source.
Pre-existing Relationship.
The JFPA defines a pre-existing relationship as a voluntary communication between the send and recipient involving an inquiry, application, purchase or transaction that has not been terminated
How To File A Complaint.
If you have received an unsolicited fax, or received a fax from someone who does not have a business relationship with you or who has not received your prior express permission, you may file a complaint with the FCC. You are encouraged to provide documentation in support of your complaint, such as copies of the fax(es) you received. You may file your complaint by calling the FCC’s Consumer Center at 1-888--225-5322, or by completing the FCC’s Consumer Complaint Form.
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