The United States House of Representatives failed to pass the Junk Fax Prevention Act of 2004. This bill was introduced to counter regulations imposed by the Federal Communications Commission (FCC) that restrict the use of facsimile transmissions and remove the “existing business relationship” or “EBR” exemption from prior rules. The bill (S. 2603) had made it through the Senate by unanimous consent, making passage in this congressional session a possibility. However, due to several “add-ins” by the Senate, the House refused to pass the bill. The House did, however, suggest that a measure without the “add-ins” would have passed.

What It Means to Agents: Late in 2004, the FCC delayed the effective date of its fax rules from January 1, 2005, to July 1, 2005. This delay allows for a new bill to be introduced in Congress early next year and for the existing business relationship exemption to be restored prior to the effective date of the FCC rules. PIA will continue to lobby for the passage of a measure that achieves this goal. Additionally, PIA will provide a communication consent form to all PIA members in February that will adhere to the FCC rules, in case the Junk Fax Prevention Act or its equivalent is not passed in time to defeat the effective date of the FCC rules.

December 14, 2004