A bill that would eliminate a rule set to take effect next year requiring businesses to obtain written permission before sending “advertisement” faxes to those with whom they have existing business relationships (EBRs) is headed for a vote in the House this week. The Junk Fax Prevention Act of 2004 (H.R. 4600) is expected to be considered under unanimous consent. A companion bill, S. 2603, has been introduced in the Senate, but has seen no action yet in the upper chamber. Congress is headed for an adjournment on Friday of this week.

In addition to restoring the EBR language to fax laws, the legislation would require a mandatory “opt-out” for unsolicited faxes sent under the auspices of the reestablished EBR. Another provision allows the Federal Communications Commission (FCC), after receiving public comment, to waive the opt-out provision for tax-exempt organizations faxing members on issues related to their exempt purpose.

Last summer, the FCC reinterpreted existing fax marketing rules, which allow such faxes to be sent only to consumers and businesses that have an existing relationship with the sender. The FCC decided that the rule was insufficient and that, starting Aug. 25, 2003, fax marketers would need express written permission before sending faxes. After opposition from PIA and a broad array of associations that depend on faxes to communicate with their members, the FCC delayed implementation of the written-permission rule until Jan. 1, 2005. There has been no indication since then that the FCC would do away with the rule permanently.

What It Means to Agents:  The Junk Fax Prevention Act of 2004 would preempt the FCC. PIA National supports H.R. 4600/S. 2603 and encourages our state/regional affiliates and their boards, as associations, to write in support of these bills as well as ask PIA members to communicate their support of these measures to their Representatives and Senators.  PIA National will coordinate with these grassroots efforts.

July 20, 2004