Last week, the full House and the Senate Commerce, Science and Transportation Committee both approved the Junk Fax Prevention Act of 2004, (H.R. 4600/S. 2603). The legislation would eliminate a rule set to take effect next year requiring businesses to obtain written permission before sending faxes to those with whom they have existing business relationships (EBRs). The bill would restore a previous EBR provision governing FAX communications by effectively preempting an FCC rule set to go into effect next January 1, 2005.

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.

The final step for approval of the legislation is approval by the full Senate. As Congress has adjourned until after both national political conventions, the earliest Senate approval could occur is September.

What It Means to Agents:  PIA National supports H.R. 4600/S. 2603 and has been conducting a grassroots campaign urging PIA members and affiliates to express their support to Members of Congress. We will continue these efforts, focused on the Senate, when Congress reconvenes.

July 28, 2004