FROM: HOLLEY
CARNRIGHT
DATE: FEBRUARY 18,
2016
RE: PRESS RELEASE –
JUNK FAXES
The Federal
Communications Commission (FCC) rules under the Telephone Consumer Protection
Act and the Junk Fax Prevention Act prohibit most unsolicited fax
advertisements, according the Ulster County District Attorney’s Division of
Consumer Affairs
FCC rules prohibit
sending unsolicited advertisements to any fax machine – both businesses and
residences – without the recipient’s prior express invitation or permission.
Fax advertisements may be sent to recipients with whom the sender has an
established business relationship (ERB), as long as the fax number was provided
voluntarily by the recipient. A fax advertisement may be sent to an ERB
customer if the sender also:
·
Obtains
the fax number directly from the recipient through an application, contact
information form or membership renewal form;
·
Or
obtains the fax number from the recipient’s own directory, advertisement or
site on the Internet, unless the recipient has noted on such materials that it
does not accept unsolicited advertisements at the fax number in question;
·
Or has
taken reasonable steps to verify that the recipient consented to have the
number listed, if obtained from a directory or other source of information
compiled by a third party.
·
If the sender had an
ERB with the recipient and possessed the recipient’s fax number before July 9,
2005 (the date the Junk Fax Prevention Act became law), the sender may send the
fax advertisements without demonstrating how the number was obtained.
Consumer Affairs can
be reached at 340-3260.