No More Junk Faxes Unless They Already Have An EBR.................

As noted by NAR, on Saturday, July 9th, 2005, President Bush signed S. 714, the Junk Fax Prevention Act, into law. The newly signed law does not legalize unsolicited fax advertisements or solicitations but does allow for an established business relationship exception. In summary, the new fax law is effective immediately and

• reaffirms the long-standing “established business relationship” (EBR) exception to the ban on unsolicited commercial faxes by establishing explicit statutory authority for the EBR;
  

• places no time limit on an EBR;
  

• requires all commercial faxes to include an opt-out provision on the first page of the fax and provide a cost-free, 24/7 means for the recipient to request removal from a fax distribution list;
  

• requires that, after the date of enactment, fax numbers to which advertising is sent must be obtained either directly from the recipient (i.e. either via oral or written consent) or, if sent within the context of an newly established business relationship (EBR), from a public source to which the recipient gave the number willingly for publication (i.e., a website, advertisement or directory);
  

• allows, in the case of an EBR that existed prior to the effective date of S. 714, a sender to use fax numbers in their possession prior to the effective date;
  

• requires, in the case of an EBR that existed prior to enactment but for which the sender did not possess a fax number at the time of enactment of this legislation, that a fax number be obtained either directly from the recipient (i.e. either via oral or written consent) or from a public source to which the recipient gave the number willingly for publication (i.e., a website, advertisement or directory);
  

• authorized the FCC, after not less than three months from enactment, to review this matter and if they determine that there are significant abuses of faxes sent under the EBR exception, may reconsider imposing limitations on the EBR.
  

It is also important to know that despite adoption of this Federal law, state laws on the sending of unsolicited faxes are not preempted. Going forward senders must comply with both the Federal law and with any applicable state laws. The Federal law will not allow an unsolicited fax to be sent where doing so is prohibited by state law.

 

Dave Rosenmarkle

Broker Owner

 

Website: www.HighlandAgents.com

Email: DavidRose@mris.com