Fax Advertising Policy
The Telephone Consumer Protection Act (TCPA), 47
U.S.C. § 227, restricts the use of the facsimile machine
to deliver unsolicited advertisements. Specifically, the
TCPA prohibits the use of “any telephone facsimile
machine, computer, or other device to send an
unsolicited advertisement to a telephone facsimile
machine.” The TCPA applies only to those facsimile
messages that constitute “unsolicited advertisements.”
The statutory prohibition applies to such advertisements
sent both to residential and business facsimile numbers.
In 2005, the Junk Fax Prevention Act amended the TCPA
to permit the sending of unsolicited facsimile
advertisements to individuals and businesses with which
the sender has an established business relationship (EBR)
and to provide a process by which any sender must cease
sending such advertisements upon the request of the
recipient. On April 5, 2006, the Commission adopted
rules to implement the Junk Fax Prevention Act. Among
other things, 47 C.F.R. § 64.1200 requires the sender of
fax advertisements to provide notice and contact
information on the fax that allows recipients to opt out
of future fax transmissions from the sender and requires
senders to honor opt out requests within the shortest
reasonable period of time, not to exceed 30 days. For
more details about the fax rules, click on the links to
the fact sheet and orders below.
Fact Sheet:
Fax Advertising: What You Need to Know
Major Fax Advertising Orders and Notices
10/14/08
Addressed petitions for reconsideration and/or clarification of the Report and Order implementing the Junk Fax Prevention Act of 2005.
Word |
Acrobat
07/27/06
Consumer & Governmental Affairs Bureau Announces August 1st Effective Date of Amended Facsimile Advertising Rules.
Public Notice:
Word |
Acrobat
07/21/06
FCC Announces OMB Approval of Revised Information Collections(s) Concerning its Facsimile Advertising Rules.
Public Notice:
Word |
Acrobat
04/05/06
FCC Amends Rules to Implement Junk Fax Prevention Act of 2005.
Order: Word | Acrobat
News Release (4/5/06): Word | Acrobat
12/09/05
Commission Initiates Proceeding to Implement The Junk Fax Prevention Act; Delays
January 9 Effective Date of Prior Written Permission Requirement.
News Release: Word | Acrobat
NPRM: Word | Acrobat
11/22/05
Consumer & Governmental Affairs Bureau Seeks Comment on Petition for Declaratory Ruling Relating to Commission's Jurisdiction Over Interstate Fax Communications.
Public Notice: Word | Acrobat
06/27/05
Rules and Regulations Implementing the Telephone Consumer Protection Act of
1991. FCC Delays Effective Date for Rules Concerning Unsolicited Fax
Advertisements.
Order: Word | Acrobat
News Release (6/28/05): Word | Acrobat
08/18/03
FCC Extends the Effective Date of Amended Fax Advertising Rules to January 1, 2005.
News Release: Word | Acrobat
Order on Reconsideration: Word | Acrobat
07/03/03
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.
Report & Order: Word | Acrobat
Powell Statement: Word | Acrobat
Abernathy Statement: Word | Acrobat
Copps Statement: Word | Acrobat
Adelstein Statement: Word | Acrobat
09/18/02
Notice of Proposed Rulemaking, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 02-250.
NPRM: Acrobat
04/10/97
Order on Further Reconsideration, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 97-117.
08/07/95
Memorandum Opinion and Order, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 95-310.
10/16/92
Report and Order, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 92-443.
Pages 1 to 25 | Pages 26 to 43
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