From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

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: On June 28, 2005, Congress passed the Junk Fax Prevention Act of 2005, which permits businesses to continue to send commercial faxes to their existing customers – with some additional requirements.

Just prior to the passage of the Act, the FCC stayed with the new fax rules until Jan. 9, 2006. Until the new Act takes effect, then, newspapers can continue to send commercial faxes to those with whom you have an “established business relationship” under the previously existing rules.

Under the terms of the Act, newspapers can send commercial faxes without prior written permission as long as:

• The newspaper has an established business relationship with the recipient.
• The fax contains an “opt-out” notice informing recipients that they can opt-out of future communications and 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.
• 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.

The FCC will draft regulations to implement the new requirements, and we will keep you informed as the rule-making process moves forward.

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