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New Junk Fax Law Takes Effect
By Teri Henning
Pennsylvania Newspaper Association
The Junk Fax Prevention Act of 2005 (the "Junk Fax Act") was signed into law on July 9, 2005, and is effective immediately.
The law confirms that unsolicited advertising faxes are illegal, but creates an exception for faxes sent to recipients with whom the sender has an "established business relationship." It also requires senders to notify recipients of a method to "opt out" of future faxes.
Under the terms of the Act, newspapers can send commercial faxes without prior written permission as long as:
| 1) |
The newspaper has an established business relationship with the recipient. |
| 2) |
The fax contains an “opt-out” notice informing recipients: a) that they can opt-out of future communications; and b) that the sender’s failure to comply with any opt-out request within the shortest reasonable time (as determined by the FCC) is unlawful. The opt-out notice must be conspicuous, on the first page of the fax and include a domestic phone and fax number for recipients to use. At least one cost-free method of response must be available 24 hours a day. |
| 3) |
The newspaper only uses fax numbers obtained through a business relationship with the recipient or made publicly available in a published directory, advertisement, or on a Web site. Fax numbers in the sender’s possession prior to enactment of the Law are exempt from this requirement. |
Please note that the Junk Fax Act is now in effect. Newspapers should not send unsolicited advertising faxes without verifying: 1) that an established business relationship is in place; or 2) that they have prior, written consent to fax (which cannot be obtained by faxing a request-for-consent form to a recipient). Newspapers must also take immediate steps to comply with the opt-out and notice requirements of the Act.
Click here for NNA's press release on this topic.
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