THE FEDERAL 'FAX BAN' LEGISLATION

December 2005

The Federal Communications Commission delayed implementing rules that would require businesses to get written consent from recipients before sending a fax. The rule was supposed to take effect January 9th, but the FCC put the action on hold on December 9th while seeking public comment on the proposal. Under rules approved by Congress last year, businesses would be required to tell recipients of unwanted faxes how to opt out of receiving any more. Limits on "junk faxes" must be in place by April 5th under the law signed by President Bush last July. Businesses have expressed concern that the rules might block faxes between firms that have had prior dealings. The FCC is trying to deal with that and other issues as it writes rules to protect consumers and businesses from unwanted faxes.

For more information and to submit comments, click here.

June 2005

Congress has approved a bill that modifies a controversial Federal Communications Commission ruling that banned organizations from sending unsolicited commercial faxes without written approval from the recipient. Under the new junk fax legislation, unsolicited faxes can be sent to businesses with whom the sender has an "established business relationship."

The new legislaton also:

Requires that all unsolicited commercial faxes include an opt-out provision on the first page of the fax, providing a cost-free, 24-hour means for the recipeint to request to be removed from the fax distribution list.

Requires that fax numbers be obtained either directly from the recipient or from a public source to which the recipient gave the number forpublication (i.e. a Web site, advertisement or directory).

Grandfathers in fax numbers in the possession of the sender at the time of enactment of this legislation.