Junk Fax Prevention Act

  • Fax rules and established business relationship exemption:

    • FCC rules prohibit sending unsolicited advertisements to any fax machine - both businesses and residences - without the recipient's prior express invitation or permission.
    • Fax advertisements may be sent to recipients with whom the sender has an established business relationship (EBR), as long as the fax number was provided voluntarily by the recipient.
    • A fax advertisement may be sent to an EBR customer if the sender also: obtains the fax number directly from the recipient through, for example, an application, contact information form, or membership renewal form or obtains the fax number from the recipient's own directory, advertisement or site on the Internet, unless the recipient has noted on such materials that it does not accept unsolicited advertisements at the fax number in question or has taken reasonable steps to verify that the recipient consented to have the number listed if obtained from a directory or other source of information compiled by a third party.
    • If the sender had an EBR with the recipient and possessed the recipient's fax number before July 9, 2005 (the date the Junk Fax Prevention Act became law), the sender may send the fax advertisements without demonstrating how the number was obtained.