How New Junk Fax Act Will Impact Your Marketing Efforts

Associations and businesses breathed a collective sigh of relief in early July as Congress approved the “Junk Fax Prevention Act of 2005,” a bill that injects some commonsense into onerous Federal Communications Commission (FCC) rules aimed at preventing unwanted faxes. Passed just in time to pre-empt the FCC regulations’ July 1 effective date, the bill officially was signed into law by President Bush on July 9.

Due to its tremendous significance to the day-to-day communications of our members and affiliates, NAHB was heavily engaged in getting this legislation through Congress. In addition to lobbying on Capitol Hill, NAHB conducted a grassroots letter-writing campaign, worked with a range of coalition partners, and successfully petitioned the FCC for delayed implementation of its rules.

Here’s what you need to know to stay in compliance with the new law:

• All business faxes should include a chance for recipients to opt out of further communications. This opportunity must be clearly spelled out on the first page of each fax, including a phone and fax number for recipients to use; at least one cost-free method of response must be available 24 hours a day.
  
  
• The sender may only use fax numbers obtained through a business relationship with the recipient or from a Web site, directory, or advertisement where the recipient clearly intended to make the information available. (Fax numbers in the senders’ possession prior to enactment of the legislation are exempted.)

For questions contact Allen Segal at asegal@nahb.com 800-368-5242 x8570 or Andrew Holliday at aholliday@nahb.com x8305. [ return to top ]