Fax Broadcasting “Established Business Relationship” Rules Are Clarified
Finally, the Federal Communications Commission has written detailed rules to clarify fax broadcasting rules for the benefit of customers and info-marketers alike.The new rules provide additional flexibility for info-marketers with an established business relationship with their customers.
An info-marketer has permission to send fax messages to customers with Established Business Relationship.In updated rules the Federal Communications Commission clarified fax broadcast regulations. These rules were intended to provide additional details related to the Junk Fax Prevention Act of 2005 and the previous law, the Telephone Consumer Protection Act of 1991.
These laws specifically prohibit unsolicited fax advertisement.However, when companies have an “established business relationship” with the fax recipient, the Junk Prevention Act allows a company to send marketing faxes without prior permission.
Until now, there wasn’t a clear definition of “established business relationship.”With these new rules, it is defined as “a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business or residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application purchase or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party.”
This says, you are allowed to send unsolicited marketing faxes to anyone who gives you their fax number in a transaction or inquiry.In addition, while the do-not-call list regulations provide time limits to these relationships, the FCC did not create any limits at this time.The FCC permits you to send fax advertisements to a former customer until that customer askes to be removed from your fax list.
One important note in this law, every marketing fax must contain a notice that allows the recipient to “opt out” of receiving similar messages in the future.This notice must contain your phone number, fax number and one “cost-free” opt-out method that is always available such as a 24-hour free recorded message, free fax line or website.This notice must be at the top or bottom of the first message and be easily seen by the recipient.
While the FCC rules give you up to 30 days to process the “opt-out” request; however, you are required to do it sooner if you have the capability.These requests should be processed as soon as immediately, if possible, to avoid unnecessary scrutiny.
By the FCC rules, an established business relationship is formed only when there was a direct, voluntary, two-way communication with the consumer. According to the rules, this doesn’t include retrieving the number from an online directory, buying it from a list provider or receiving it from an affiliated company.
Unless there is an established business relationship between the fax sender and the recipient, you must obtain prior express invitation or permission from the consumer before sending the fax advertisement.While it isn’t required that you get this permission in writing, because the burden of proof of consent is on you, it would be wise to get this permission in writing.
Otherwise, absent an established business relationship under these rules, it is illegal to send unsolicited fax advertisement.Simply sending out your fax broadcast and allowing opt-outs is does not comply with the law.However, once you get consent or have an established business relationship you won’t be violating the laws by faxing unsolicited marketing materials to these customers.