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FCC Clarifies Opt-Out Rules for Faxed Advertisements
Practical Law Legal Update 0-586-7246 (Approx. 4 pages)
FCC Clarifies Opt-Out Rules for Faxed Advertisements
by Practical Law Commercial
| Published on 03 Nov 2014 • USA (National/Federal) |
The Federal Communications Commission (FCC) has issued an order clarifying when senders of fax advertisements must provide opt-out information under the Telephone Consumer Protection Act of 1991 (TCPA) and the Junk Fax Prevention Act of 2005.
On October 30, 2014, the Federal Communications Commission (FCC) issued an order to clarify its rules for sending fax advertisements under the Telephone Consumer Protection Act of 1991 (TCPA) and the Junk Fax Prevention Act of 2005 (In re Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, (F.C.C. Oct. 30, 2014)).
The FCC confirmed that if a party sends a fax advertisement, it must also include a notice on the fax that tells consumers how to opt out of future faxes, even if the consumers have previously agreed to receive fax advertisements from the sender (47 C.F.R § 64.1200(a)(4)(iv)). The opt-out notice must:
- Be clear, conspicuous and on the first page of the advertisement.
- State that:
- the recipient may request that the fax sender not send any future advertisements to a telephone fax machine; and
- failure to comply within 30 days with an opt-out request is unlawful.
- Explain the requirements for an opt-out request.
- Include a:
- domestic contact telephone number and fax machine number for the recipient to send his request to the sender; and
- separate cost-free mechanism, including a Web site address or email address, for a recipient to send his opt-out request if the required telephone number and fax machine number are not toll-free.
Additionally, the telephone and fax numbers and cost-free mechanism identified in the notice must allow an individual or business to make an opt-out request 24 hours a day, 7 days a week.
This opt-out notice requirement is intended to ensure that fax recipients:
- Have the necessary contact information to opt out of future fax advertisements.
- Can opt out of fax advertisements in a timely, efficient and cost-free manner.
The FCC is also granting a retroactive waiver to certain fax advertisement senders to provide them with temporary relief from any past obligation to provide the required opt-out notice. These parties have six months to comply with this opt-out notice requirement.
Advertisers and marketers should review this order and the relevant laws to ensure that their business practices comply with applicable federal laws and regulations, such as the FCC's fax opt-out notice requirements. If, prior to this order, a business failed to include opt-out notices on its solicited fax advertisements, it should request a retroactive waiver from the FCC as soon as possible.
For more information on the rules governing fax advertisements, see Practice Notes, Direct Marketing: Fax and Advertising: Overview: The Federal Communications Commission Act.