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New “Junk Fax” Rules Take Effect August 1, 2006

July 2006
The FCC’s new “junk fax” rules, which were adopted on April 6, 2006 pursuant to the Junk Fax Prevention Act of 2005 (“Fax Act”), will take effect on August 1, 2006.

The Commission’s junk fax rules generally prohibit for-profit, as well as non-profit, entities from sending facsimile “advertisements” — broadly construed — to recipients that have not given their “prior express invitation or permission.” Notwithstanding this general prohibition, the new rules provide that where the sender of a facsimile advertisement maintains an “established business relationship” (“EBR”) with the intended recipient, the advertisement will not be deemed “unsolicited.” The new rules also confirm that other forms of “prior express invitation or permission” will render the general prohibition inapplicable. To the extent that a sender transmits facsimile advertisements on a regular or even occasional basis, it should be aware of the requirements of the new rules.

A PDF version of this entire article can be found at New “Junk Fax” Rules Take Effect August 1, 2006.