From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

*The Senate today passed an amendment that would recognize the "established business relationship" exception. The House is expected to vote in the near future. We will keep you posted.

Q: When do the new "fax consent" rules take effect? Has Congress or the FCC done anything to reinstate the "established business relationship" exception that would permit me to continue to send advertising faxes to my customers?

A: Get your fax consent forms signed now. The new "fax consent" rules are still scheduled to take effect on July 1, 2005. As of that date, you must obtain prior, written consent, before sending any faxes -- even those to existing customers -- that contain "any material advertising the commercial availability or quality of any property, goods, or services."

The written consent must include the identity and signature of the person giving consent, as well as the specific fax numbers from which they are agreeing to receive faxes.

Please remember that federal law already prohibits the sending of these unsolicited faxes to both residences and businesses. There is currently an exception, however, that allows you to send these faxes if you have an "established business relationship" with the person/business you are faxing. After July 1, 2005, an established business relationship will no longer be sufficient. You must obtain prior, written consent from these recipients, in order to keep faxing after that date. You cannot fax a consent form for your customers to sign after July 1, 2005.

Although several bills have been introduced in Congress, which would reinstate the "established business relationship" exception, none have yet passed. The FCC has also, in the past, extended the date for compliance with these rules. Right now, though, the July 1, 2005 date is still the deadline. The PNA will keep members up to date if any additional extensions are granted.

Click here for a sample fax consent form.

Please call the legal hotline at (717) 703-3076 or your newspaper's lawyer if you have any questions.

Use this link to the Headlines & Deadlines archive of Teri Henning's weekly 'From the Hotline' columns. 

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