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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




last reviewed/updated on 09/28/09  


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