Accountability and Oversight

"Do Not Fax" Law 
 

Opt-Out Requirements of the Junk Fax Prevention Act Background on the Junk Fax Prevention Act IS Comments to FCC re 2003 proposed fax rule With the passage of S. 714, the Junk Fax Prevention Act of 2005, nonprofits may continue faxing unsolicited advertisements* to recipients with whom they have an established business relationship,** but they will need to provide an opt-out notice on such faxes. The new law does not prescribe particular language to be used, but the opt-out notice must: be clearly and conspicuously displayed on the first page of the fax; inform the recipient of the ability to opt out of future unsolicited advertisements and that the request must be complied with by the sender in the shortest reasonable time; explain the proper requirements for a valid opt-out, and must describe a cost-free mechanism for the recipient to send opt-out requests and include a telephone and fax number that will receive such requests at any time on any day of the week. An opt-out request is valid if it: identifies the telephone number or numbers of the fax machine or machines subject to the request; is made to the telephone or fax number of the sender that is provided in the opt-out notice or by any other communication method as determined by the FCC; and is made by a person who has not subsequently provided express invitation or permission to receive unsolicited advertisements. *Unsolicited advertisement means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s prior express invitation or permission, in writing or otherwise. **Established business relationship means a prior or existing relationship formed on the basis of the recipient’s purchase or transaction with the sender or on the basis of the recipient’s inquiry or application regarding products or services offered by the sender. The new law authorizes the FCC to set time limits on these relationships, but as of now there are no time limits on how long the established business relationship lasts for purposes of sending commercial faxes. Last updated: July 14, 2005