Fax Blasting Laws

[Mark]

I had some guy on linkedin tell me that fax blasting is now legal. He is trying to sell his services to us. I once had to pay a $500 fine for doing it. When I question him about it, he said this:

"John Colianne • Mark- Not sure when you paid the fine but the law was amended. Some states still have restrictions against faxing that trump the feds but check out http://www.fcc.gov/guides/fax-advertising this will explain the law. Notice paragraph 3 of the below amendment. For the ERB if the number is obtained via directory, advertisement.... you can send an unsolicited fax as long as you provide the opt-out info.

Amended Fax Rules and Established Business Relationship Exemption

The rules provide that it is unlawful to send unsolicited advertisements to any fax machine, including those at both businesses and residences, without the recipient's prior express invitation or permission. Fax advertisements, however, may be sent to recipients with whom the sender has an EBR, as long as the fax number was provided voluntarily by the recipient. Specifically, a fax advertisement may be sent to an EBR customer if the sender also:

obtains the fax number directly from the recipient, through, for example, an application, contact information form or membership renewal form; or

obtains the fax number from the recipient's own directory, advertisement, or site on the Internet, unless the recipient has noted on such materials that it does not accept unsolicited advertisements at the fax number in question; or

has taken reasonable steps to verify that the recipient consented to have the number listed, if obtained from a directory or other source of information compiled by a third party"

 

[Mattschmidt]

I would run this by an attorney to verify if it's indeed legal...Why take a chance an pay an even bigger fine? I am 99% sure that all fax blasting without prior permission is illegal

 

[djs]

Interesting.....
It makes some sense, if you have the persons permission to fax blast them, or they have posted the number publicly without saying not to fax blast them, then the claim is, an EBR exists and you can fax blast away.

Problem is, if someone complains, how do you prove anything?

Truth is though, I'd rather someone fax blast me than cold call me. Its less interruptive and faster to delete. I've taken the cold call annoyance to the new level of seeing how long I can keep them on the phone, all along telling them that I have no interest. They keep trying to handle my objection, I keep telling them that my only objection is I have no interest.

I think I kept a guy on the phone for 15 minutes the other day. He was giving away free magazines for the low price of $4.95 a week. Not sure how that was free. He kept asking why I didn't think this was a great deal, I kept telling him its $20 a month for magazines that I can get for $12 a month electronically and I still don't read them. Then he would go back to them being free (for the small price of $4.95 a week).

He eventually gave up.

Dan

 

[Insurancetechhead]

My apologies but I was born in 1984. Is a fax that thing thats like twitter for landlines?

 

[Mark]

So is the guy right about the law on fax blasting?

 

[Cory]

I've read up on this a little and summarized in layman's terms... maybe this will help.

Fax Advertising | FCC.gov

Includes both business and residential fax machines without prior expressed permission.
Requires an EBR.
Requires the fax number to be provided voluntarily.

Other reasons a sender may send a fax, if the sender:
-obtains the fax number directly from the recipient through an application, contact information form, membership renewal form, etc.
-obtains the fax number from the recipient's own directory, advertisement or site on the Internet unless it is noted on such materials that it does not accept unsolicited advertisements at the fax number in question.
-has taken reasonable steps to verify that the recipient consented to have the number listed if it was obtained from a directory or other source of information compiled by a third party.

If the sender had an E.B.R. with the recipient and possessed the recipient's fax number before July 9, 2005 (the date the Junk Fax Prevention Act became law) the sender may send the fax advertisements without demonstrating how the number was obtained.

Opt-out requirements must :
-be clearly defined and on the first page of the fax.
-state the recipient can request all future faxes stopped and compliance must be met within 30 days or action will be considered unlawful.
-include a telephone number, fax number and cost-free mechanism (toll-free or local telephone number, website address or email address) to opt-out of faxes.
-give the consumer the ability to opt out 24 hours a day seven days a week.
-comply with the opt-out request within 30 days of receipt of the request.

Opto-out requests must include:
-the fax number(s) to which it relates.
-be sent the contact information provided by the sender in their unsolicited fax.

Fax broadcasters
The person or entity responsible is the person or entity with whose behalf the fax was sent.
The fax broadcaster themselves may be liable if they have a "high degree of involvement":
-provided the fax numbers.
-provided a source for the fax numbers.
-make representations about the legality of sending to the fax numbers.
-advise about compliance with junk fax rules.

If fax broadcasters are highly involved then they must provide their name on the fax.
Registration a home number does not prohibit faxes directed to that home or business number.

 

[xrac]

MetLife to pay $23 million settlement over faxed pitches | LifeHealthPro