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Examples of Legal 
Fax Advertisements


To develop a successful fax marketing program, it is required by Federal law (Which Supersedes State law) that you DO NOT OFFER ANYTHING FOR THE SALE OF ANY REAL PROPERTY, GOODS, OR SERVICES. Below you will find out how it is legal to send your fax advertisement to thousands of companies without their permission based on our First Amendment Rights of Freedom Of Speech.

The Fax Law is written as follows: 

Statute 365.1657: States that it is unlawful for any person to use a machine through connection with a telephone network to transmit within any state unsolicited advertising material FOR THE SALE OF ANY REAL PROPERTY, GOODS, OR SERVICES. Local, State & Federal Laws May Vary.

We are however, protected by our first amendment right of freedom of speech. Say for example, you send out a fax advertising a Prime Rib Special, "All You Can Eat for $10.99". This would be considered For the Sale of Real Property or Goods or Services. This would NOT be compliant with the law!

If instead, you ran a fax advertisement saying, "How would you like to sign up to receive FREE specials and upcoming events at your favorite steak house? Or... learn how you can save thousands of dollars a year by refinancing your home now, Or learn how you can save BIG Money you your health insurance, Or... "How would you like to receive our FREE Newsletter?" or "Register To Win a FREE office party for 10!" These examples would fall within the law. The fax law is a very gray area of the law, and is clearly written. 

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* Be Sure To Check Your Local, State & Federal Fax Laws.

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