Release Date: 09/ 14/ 2005
The fax machine has become a staple of the modern office. While faxes have become a major convenience, they are often abused by those who choose to use them to send unsolicited advertisements. In response to this type of fax abuse, Congress passed the Telephone Consumer Protection Act in 1991 and the Junk Fax Prevention Act in 2005.
The Telephone Consumer Protection Act expressly prohibits unsolicited commercial phone calls and faxes. The Junk Fax Prevention Act amplifies the do-not-fax requirements in the TCPA. These acts can have very strong ramifications for small-business owners who do not fully understand the rules and regulations regarding fax communications.
The acts at a glance- Prohibit the sending of any materials via facsimile that advertise the commercial availability or quality of any goods, services or property without the express consent of the receiver.
- Junk Fax Act permits an “established business relationship” exemption
- The acts are applicable to everyone, not just businesses
- Any commercial fax is subject to the FCC guidelines and the acts
- Must provide information on how to opt out of receiving faxes
- Keep detailed records to establish that customers give their consent
- Limit faxes only to customers who have definitely consented to receiving faxes
- Handle any and all complaints seriously and immediately act to remedy the situation
- Contact the FCC for answers to specific questions
- Fines from $500 - $1,500 for each violation if the fax was deliberately sent
For more information regarding the Telephone Protection Act or any other questions related to commercial faxes contact the Federal Communications Commission at 1-888-CALL-FCC (1-888-225-5322), or on the Web.
