Number: RS21647
Title: Facsimile Advertising Rules Under the Junk Fax Prevention Act of 2005
Authors: Patricia Moloney Figliola, Resources, Science, and Industry Division 
Abstract: On July 9, 2005, President Bush signed S. 714, the Junk Fax Prevention Act ("the act" or JFPA) (P.L. 109-21) and on April 5, 2006, the Federal Communications Commission (FCC) issued its final rules in the related proceeding. These rules provided an established business relationship (EBR) exemption to the prohibition on sending unsolicited facsimile advertisements; provided a definition of an EBR to be used in the context of unsolicited facsimile advertisements; required the sender of a facsimile advertisement to provide specified notice and contact information on the facsimile that allows recipients to "opt-out" of any future facsimile transmissions from the sender; and specified the circumstances under which a request to "opt-out" complied with the JFPA. Also, the rules required that small businesses and nonprofits adhere to the rules and clarified the term "unsolicited advertisement." The FCC did not address whether there should be a time limit on the duration of an EBR. The rules in their entirety became effective on August 1, 2006. On April 5, 2006, in accordance with the JFPA, the GAO submitted a report to Congress on the FCC's enforcement of the junk fax law. On January 4, 2007, in accordance with the JFPA, the FCC released its first annual report on the enforcement of its junk fax rules.
Pages: 5
Date: September 24, 2007