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Broadcast Fax and the Law
Notice - Federal law prohibits the sending, via fax, of
unsolicited advertising material. (See 47 U.S.C. §
In 1994, the U.S. federal government
passed a law severely restricting the legality of
unsolicited broadcast faxes. According to Title
47 of the U.S. Code of Federal Regulations,
"It shall be unlawful for any person within the
United States to use any telephone facsimile machine,
computer, or other device to send an unsolicited
advertisement to a telephone facsimile machine"
Fax and Junk Mail Illegal]. According to Title 47,
each recipient of a so-called "junk fax"
could collect $500 in damages from the offending
The law was amended with the passing
of the Junk Fax Prevention Act of 2005. Under this new
law, unsolicited faxes can be sent to businesses with
which the client has an "established business
relationship" or EBR [source: Federal
An EBR is defined by the Federal
Communications Commission 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 [payment], 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" [source: Federal
That's a fancy way of saying that it
doesn't take much to establish a business
relationship. No money has to change hands. Simply by
inquiring about a product at a Web site or applying to
a job is enough to establish a relationship between an
individual and a company.
Likewise, the FCC establishes some
ground rules for obtaining fax numbers from companies
and individuals with whom you have an EBR:
You can get it from the company or
Look it up on their Web site
Obtain it through third-party
lists, as long as it's clear that the company or
individual consented to be on the list
Another rule established by the Junk
Fax Prevention Act of 2005 is that all unsolicited fax
advertisements must include clear instructions for
opting out of all future broadcast faxes from that
company. The opt-out process must be free (by
toll-free phone number, toll-free fax, email address or Web site) and
must be listed on the first page of the fax. To opt
out, all a consumer has to do is provide his fax
number to the company directly by any of the methods
listed above [source: Federal
In 2010, companies spent $240 million
on broadcast fax worldwide.
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* Be Sure To Check Your Local, State & Federal Fax Laws.
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