FCC Junk Fax rule – New Fax rule is effective August 1, 2006
Since the Federal Communications Commission has revised its Junk Fax Prevention Act of 2005, it is important that you are aware of the changes as they apply to your business. Some of the requirements on the sender are:
1. The sender must have an ‘established business relationship” with the recipient or have written consent from the recipient to sending all unsolicited advertising faxes.
2. Sender must have received this fax number voluntarily.
3. Receiver must have the right to opt-out of receiving future faxes.
4. The sender must honor all opt-outs within thirty days of receiving the communication.
Since the opt-out must be included, you must be sure to follow the following guidelines:
1. Opt-out must be clear. It must be on the first page of the fax.
2. The opt-out must not appear to be part of the advertising. A reasonable user must be able to determine that it is not advertising but a clear statement.
3. It must state the receiver can opt-out of future unsolicited advertisements. It clearly must state the sender must honor the opt-out within thirty days or they will be breaking the law.
Since the method of opt-out must be sent in the same fashion as stated in the unsolicited advertising, it is important that you, as the consumer, follow the letter of the rule. If you receive a fax, follow the directions if they require replying via fax. Only this method is covered under this law. Be sure to provide the required information. If you don’t follow the directions, the sender does not have to comply.
The rule when broken down in steps is easy to follow. It will help you eliminate more ‘junk’ information.