The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, restricts the use of the facsimile machine to deliver unsolicited advertisements. Specifically, the TCPA prohibits the use of “any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.” The TCPA applies only to those facsimile messages that constitute “unsolicited advertisements.” he statutory prohibition applies to such advertisements ent both to residential and business facsimile numbers.
In 2005, the Junk Fax Prevention Act amended the TCPA to permit the sending of unsolicited facsimile advertisements to individuals and businesses with which the sender has an established business relationship (EBR) and to provide a process by which any sender must cease sending such advertisements upon the request of the recipient. On April 5, 2006, the Commission adopted rules to implement the Junk Fax Prevention Act. Among other things, 47 C.F.R. § 64.1200 requires the sender of fax advertisements to provide notice and contact information on the fax that allows recipients to opt out of future fax transmissions from the sender and requires senders to honor opt out requests within the shortest reasonable period of time, not to exceed 30 days. For more details about the fax rules, click on the links to the fact sheet and orders below.
Consumer Guide: Fax Advertising: What You Need to Know
Major Fax Advertising Orders and Notices
Commission Initiates Proceeding to Implement The Junk Fax Prevention Act; Delays January 9 Effective Date of Prior Written Permission Requirement.
News Release: Word | Acrobat
NPRM: Word | Acrobat
Consumer & Governmental Affairs Bureau Seeks Comment on Petition for Declaratory Ruling Relating to Commission's Jurisdiction Over Interstate Fax Communications.
Public Notice: Word | Acrobat
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991. FCC Delays Effective Date for Rules Concerning Unsolicited Fax Advertisements.
Order: Word | Acrobat
News Release (6/28/05): Word | Acrobat
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.
Report & Order: Word | Acrobat
Powell Statement: Word | Acrobat
Abernathy Statement: Word | Acrobat
Copps Statement: Word | Acrobat
Adelstein Statement: Word | Acrobat
Notice of Proposed Rulemaking, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 02-250.