Feds Take Aim At Fax Spam
Released on: Tuesday, January 24, 2006 8:00 AM
Feds Take Aim At Fax Spam
by Fred Harteis
Technology communication abuse and regulations can impact business. One area of unwanted communication is fax spam. Companies were finding more weird advertisements coming over the fax machine and cluttering their electronic fax account. They were being offered stocks, insurance; get rich quick schemes, diet pills and cheap vacation trips to Florida. These faxes arrived uninvited and from unknown sources – that now makes them fax spam.
The Junk Fax Prevention Act of 2005, which went into effect may offer some relief in 2006. Fines for junk faxes can range from $500 to $1500 for each occurrence. If your company uses faxes as a sales tool for reaching prospects, beware.
To be illegal under the federal law, a fax must (1) be unsolicited and (2) advertise the commercial availability or quality of property, goods or services. So, for example, faxes from political parties do not count as fax spam. Nevertheless, a political fax could violate the law if it announces a paid event or sells campaign merchandise such as bumper stickers.
If you have received fax spam, you can file a complaint with the FCC. The agency has an on-line Consumer Complaint Form at
www.fcc.gov/cgb/complaints.html.
The act will not impact your fax communications to existing customers. You consider adding a fax “opt-out” to your standard fax cover page.
If you're unsure about those to whom you're allowed to send unsolicited advertisements via fax, consult with your business attorney
Columnist: Fred Harteis, owns Harteis International.
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