Sending faxes to businesses as a form of advertisement can be useful, but often times (I know as I’m on the receiving end) these faxes end up in the trash can. With email, web sites, telephone, TV and radio as crowded media, fax is also becoming a more crowded outlet for advertising.
Laws have been back and forth regarding who can send fax advertisements and how, but things are now a bit more “business friendly” but could be unfriendly for recipients. Either way you should know the law.
USA Today writes Numerous entities have been fined for violation of the Telephone Consumer Protection Act of 1991 (the “TCPA”) and the FCC’s junk fax rules ¬? including one, Fax.com, Inc., for over $5 million. Thus, the Junk Fax Act certainly comes as welcome relief for businesses and trade associations.
The TCPA prohibits any person from sending an “unsolicited advertisement to a telephone facsimile machine” without the “prior express invitation or permission of the recipient.” As originally interpreted by the FCC, the existence of an established business relationship between the sender and the recipient was deemed sufficient to constitute prior consent.
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