New Fax Marketing Rules Pushed Back to 2005

(Direct Newsline) The Federal Communications Commission has delayed implementing new restrictions on outbound fax marketing until Jan. 1, 2005. The new rules would have gone into effect next week, on Aug. 25.

Within the same ruling, the FCC also rejected a request by the American Teleservices Association (ATA) to postpone revisions to the Telephone Consumer Protection Act, including the implementation of the federal do-not-call list, pending judicial review.

Under the new ruling, the requirement that a fax marketer first obtain the recipient’s express permission to send faxes in writing, as opposed to relying on having an established business relationship, was postponed. Existing rules, which prohibit sending unsolicited faxes to targets, remain in effect despite the extension.

In deciding to issue the postponement, the FCC said that, “many organizations may need additional time to secure this written permission from individuals and businesses to whom they fax advertisements.” The FCC also indicated that it would consider additional petitions for reconsideration.

The new rules themselves have not changed. Under them, marketers are required to obtain written permission to send fax messages from the intended recipients and must provide the number to which they may be sent.

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