Greetings Emilyconnor:
In the United States, the law concerning unsolicited fax advertising
is covered at http://www4.law.cornell.edu/uscode/47/227.html where it
reads in part:
"(1) Prohibitions
It shall be unlawful for any person within the United States -
...(C) to use any telephone facsimile machine, computer, or other
device to send an unsolicited advertisement to a telephone facsimile
machine..."
The key word here is "unsolicited." If you want to legally advertise
by fax, you first need your intended recipients to state *in writing*
that they will accept advertising faxes from you. You may NOT fax
them for this permission -- you need to contact them by phone or USPS
with your request. Once you have their permission *in writing* and in
hand (they MAY fax this to you but I'd request the originals), then
you will be sending them *solicited* advertisements.
Here are a few more web references:
"First, consider sending a form to each of your customers and contacts
requesting that they consent to the transmission of fax information.
Keep these express consents on file and only send solicited fax
advertisements in the future. For anyone who does not provide express
consent, send unsolicited advertisements only by regular mail. Second,
consider how your company responds to requests for information from
your customers and other contacts. Your employees should understand
the new rules and regulations, and require that the requesting party
provide express, written consent before faxing requested information.
Otherwise, send your material in the mail to avoid running afoul of
the new rules and regulations."
From http://www.nwmail.com/Fax_Alert/
"Under the new rules, businesses may send faxes containing
advertisements only with the recipient?s prior, written permission,
which includes the recipient?s signature and fax number. The
recipient?s statement must include a clear invitation to send
advertising faxes."
From http://www.wrf.com/publications/publication.asp?id=1453457292003
"Previously, the FCC had determined that the existence of an
established business relationship ("EBR") was sufficient to
demonstrate a consumer's consent to receive unsolicited
advertisements. The FCC has reversed its position and now all
companies, including those sending unsolicited facsimile
advertisements to customers with which it has an EBR, must now obtain
affirmative, signed permission, as explained more fully below. In
addition, the FCC has noted that the publication of a fax number in a
directory, for example that of a trade association, does not
constitute permission to send faxes, and that express written
permission is required under such context as well."
http://library.lp.findlaw.com/articles/file/01009/009359/title/Subject/topic/Communications%20Law_Advertising/filename/communicationslaw_1_317
"The FCC has amended rules to regulate the delivery of facsimile
advertisements. The rules state:
Beginning January 1, 2005, it is unlawful to send an unsolicited
advertisement to a facsimile machine without the prior written
permission of the recipient of the advertisement;
The business or entity on whose behalf the fax is being sent must
identify itself in the top or bottom margin of each page or on the
first page of the fax message, and must include its telephone number
and the date and time the fax is sent;
If a facsimile broadcaster (the person or entity transmitting messages
to a fax machine on another person?s behalf) demonstrates a ?high
degree of involvement? in the sender?s facsimile messages, such as
supplying the facsimile numbers to which a message is sent, the
facsimile broadcaster must provide its name on the fax;
A facsimile broadcaster may be liable if it supplies facsimile numbers
to a business or entity sending unlawful fax advertisements; and
Faxes sent to fax servers and personal computers are covered by the faxing rules."
From http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html
Here's a concise Guide To Fax Advertising
http://www.americanbusinessmedia.com/government/pdfs/fax.PDF
Should you require any clarification of the links or information I
have provided, please request it and I will be happy to respond.
Best regards,
journalist-ga
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