| Updates Archive 8-13-03 Can you send that fax? Sending faxes to solicit business and promote programs is part of many companies' marketing and business strategies. But the Federal Communications Commission (FCC) may have made the way businesses and nonprofit organizations operate more difficult. On June 26, FCC proposed changes to the Telephone Consumer Protection Act of 1991 requiring businesses and nonprofit organizations to obtain written consent from solicited businesses before faxing "any material advertising the commercial availability or quality of any property, goods or services." The changes eliminate the established business relationship rule that allowed businesses to fax information to those who expressed an interest—in writing, or orally or electronically—in receiving information. For example, if a customer calls your business requesting product information be faxed to him, you won't be able to fax any documents without receiving signed, written consent from the customer. In addition, associations won't be able to fax invoices, promotions for meetings and conventions, solicitations for sponsorships and other documents without consent. According to the proposed changes, businesses and nonprofit organizations sending faxes must receive consent forms that include a solicited business's or customer's full, proper legal name and fax number(s) and the signature of the person authorized to act on behalf of the business or customer. Businesses seeking consent cannot fax written consent forms though signed consent forms can be faxed to businesses. Consent forms can be sent to customers or businesses via mail or e-mail (electronic signatures via e-mail are permitted). Those violating the rule face FCC enforcement, state enforcement and private lawsuits up to $1,500 per violation (a maximum $500 fine per violation can be tripled if the rule is knowingly and willingly violated). The changes were expected to be effective Aug. 25. At press time, various organizations were appealing the ruling. article courtesy of the National Roofing Contractors Association |
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