From NAA Public Policy News, April 2005

Senate Bill to Restore Existing Business Relationship for Faxes

Legislation restoring the existing business relationship exemption for commercial faxes has been introduced in the Senate by Sens. Gordon Smith (R-OR) and Daniel Inouye (D-HI). The legislation (S. 714) is similar to the bill reported out of the Senate Commerce, Science and Transportation Committee last Congress which, in addition to the EBR exemption, provides individuals with an opportunity to opt out of receiving faxes. Because of a hold placed by Sen. Barbara Boxer (D-CA), Congress was not able to complete action on the legislation in the last Congress. It is uncertain, at this time, if Sen. Boxer continues to have concerns with S. 714.

Without legislation, a new Federal Communications Commission regulation will go into effect on July 1, 2005, requiring businesses to obtain a consumer’s express written consent before commercial faxes can be transmitted.