PRC's
Privacy Update Newsletter No. 5:1
In this issue . . .
[1] Junk Faxes:
Our New Fact Sheet 5a Explains How to Avoid Them
[2] The Top Privacy Issues of the Day:PRC
Releases New Report
[3] The Latest on Financial Privacy:
PRC Updates Its Fact Sheet 24(d)
[4] Recent Alerts from the PRC:
“Protect Mail at Tax Time” and “Be Aware
of Electronic Checks”
[5]
Save the Date: CA’s
3rd Annual Identity Theft Summit to be held on April 11
[6]
Please Donate
to the PRC
=========================================
[1] Junk Faxes:
Our New Fact Sheet 5a Explains How to Avoid Them
Until recently, the law on fax advertising
was simple and straightforward: No one could send a fax advertisement
without your prior consent. Of course, this did not stop the deluge of
unwanted faxes touting hot stocks, mortgage offers, and vacation deals.
Now, adding to the frustration about fax senders that simply ignore the
law, Congress has created an exception for fax advertisements sent when
you have an “established business relationship,” or EBR, with
the sender.
Details of the Junk Fax Prevention Act of 2005
(Junk Fax Act) (Pub.L. No. 109-21, 119 Stat 359) are spelled out in rules
adopted by the Federal Communication Commission, www.fcc.gov
(FCC). The junk fax rules were effective as of August 1, 2006.
A business now has the green light to send
a fax advertisement in numerous situations. For example, you may include
your fax number on an application, contact information form or membership
renewal form. Or, you may include your fax number on your own Internet
postings. An EBR doesn’t mean you have ongoing business dealings.
A “prior” relationship is enough, and a simple inquiry about
a product or service signals approval to get junk faxes.
And, unlike the EBR exception for telemarketing
calls that expires 18 months after a purchase or three months after an
inquiry, the EBR for unwanted faxes has no defined “shelf life.”
Under FCC rules, once established, the EBR exists until you (or the sender)
terminate the “relationship.
If you are bothered by junk faxes, you should
know about the new opt-out requirements for senders. You should also know
what you can do to limit your exposure to unwanted fax advertising. PRC
Fact Sheet 5a offers the following tips:
- Be selective when including your fax number on
an application, inquiry or any other form that could be used to claim
an EBR. When in doubt, leave it out.
- If you advertise or maintain a Web site that
includes your fax number, note that you do not accept unsolicited fax
advertisements.
- If you advertise or maintain a Web site that
includes your fax number, note that you do not accept unsolicited fax
advertisements.
- Follow the opt-out instructions given on the
first page of the fax.
- Don’t expect unwanted faxes to stop because
an EBR “expires.” You have to take steps to terminate any
relationship.
- Remember, the burden to prove an EBR is on the
fax sender. Still it is wise to keep your own records of application
forms or advertisements noting that you do not accept unsolicited faxes.
- Keep copies of unwanted faxes in case you decide
to complain or file a lawsuit.
For more on the new FCC rules, see the recently
published Fact Sheet 5a, Junk Faxes: No Relief in Sight, www.privacyrights.org/fs/fs5a-JunkFax-061219.htm
Also see PRC Fact Sheet 5, Telemarketing: How to Have a Quiet Evening at
Home, www.privacyrights.org/fs/fs5-tmkt.htm
=========================================
[2] The Top Privacy
Issues of the Day: PRC Releases New Report
Some people are more concerned about privacy than
others. But, nearly all of us have at least one “hot button”
privacy issue. You may be concerned about your child’s use of the
Internet, identity theft, or an employer’s intrusive background
check. Or, you may shudder to read stories about the latest technology
that tracks, monitors, and records your every move.
Whatever your privacy issue happens to be, you will find it discussed
in PRC Director Beth Givens’ latest report on the privacy concerns
of the day. Givens’ report, Privacy Today: A Review of Current Issues
highlights and summarizes 19 key privacy issues affecting consumers today
and tomorrow.
To read Givens’ report, go to www.privacyrights.org/ar/Privacy-IssuesList.htm
========================================
[3] The Latest on
Financial Privacy: PRC Updates Its Fact Sheet 24(d)
Since July 2001 banks and other financial institutions
have been required to send customers annual privacy notices about how
information is collected and how it is used. Under the federal Gramm-Leach-Bliley
Act (GLB), companies also must give customers the means to opt out, that
is stop sharing of personal information with some outsiders.
Newly updated and revised Fact Sheet 24(d) examines the latest developments
in the effort to make privacy notices more understandable. It answers
questions that have arisen as a result of consumers’ increased awareness
of the privacy notices and the right to opt out. The revised fact sheet
also discusses California’s stronger financial privacy law and the
protected court battle that followed.
Revised Fact Sheet 24(d) can be found at www.privacyrights.org/fs/fs24d-FinancialFAQ.htm
=========================================
[4] Recent Alerts
from the PRC: “Protect Mail at Tax Time” and “Be
Aware of Electronic Checks”
January 1 to April 15 each year is tax season. For
identity thieves, this can also be hunting season, especially those who
want to steal your mail. During this time, you are either receiving documents
necessary to file your return or preparing to file the return, often by
mail. Tax documents often include personal information such as full Social
Security number, account numbers, employer’s name and income. This
is precisely the kind of personal information identity thieves hope to
get by stealing your mail.
PRC’s Aalert, It's Tax Time. Take These Extra Precautions with Your
Mail, offers timely tips on how to protect yourself against identity theft
from the loss of mail with sensitive content. The alert offers suggestions
for guarding important mail that will serve you well at tax time –
and throughout the year. The alert offers the following additional tip
for when you are ready to mail your tax return:
Mail it at the Post Office or at an official USPS blue mail collection
box before the last collection time. Do not put such mail into a mailbox
if there are no more pickups that day.
To read this alert, visit the PRC Web site at www.privacyrights.org/ar/PostalW2.htm
PRC’s Alert, The Case of the Disappearing Check: What Is Electronic
Check Conversion? explains why some paper checks are not returned
at the end of the month. Check processing has moved into the electronic
age. Merchants and creditors may now choose to process checks electronically
rather than move paper checks through the banking system. This is called
“electronic check conversion,” and it is the information on
the check -- not the paper itself -- that is important to electronic banking.
Payments you make by signing your name to a paper check can move through
the banking system at breakneck speed, sometimes clearing your bank in
a matter of hours, not days. In the age of electronic banking, diligence
is required in guarding personal information included on paper checks
and monitoring accounts for fraud or simple errors. Also, along with electronic
check processing comes new rules for resolving disputes.
To read this alert, see www.privacyrights.org/ar/ElectronicCheck.htm
.
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[5] California
Identity Theft Summit – Save the Date
Mark your calendar for Wednesday, April 11, 2007.
The third annual California Identity Theft Summit will address privacy
in the online world, from public policy issues to practical tips on ways
consumers can protect against identity theft and cyber criminals. The
Summit is sponsored by the California Department of Consumer Affairs,
Office of Privacy Protection, and District Attorneys Association joined
by consumer services agencies. For more information, visit the Summit’s
Web site, www.idtheftsummit.ca.gov/
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[6]
Please
Donate to the PRC
The PRC is a non-profit organization established
15 years ago in 1992. We are based in San Diego, California, and are funded
primarily from foundation grants and contributions from individuals.
We invite you to support our ongoing work by making
a tax- deductible donation. You may contribute in one of two ways.
- By using our online Donate Now feature (click
here) or click the “Donate Now” button on our home page,
www.privacyrights.org
- By printing out our donation form and mailing
a check or money order,
www.privacyrights.org/Donation-Form.PDF.
Be assured that 100% of your donation will
support our consumer education and policy work. Also, please know that we
do not release the names of individual donors to others. =========================================
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If you have any suggestions or questions about this
newsletter, please contact: the editor, Leslie Flint lflint@privacyrights.org.
========================================
To contact PRC staff:
Beth Givens, Director
bgivens@privacyrights.org
Tena Friery, Research Director
Paul, Consumer Advocate
Paul@privacyrights.org
For more information about our nonprofit organization,
go to: www.privacyrights.org/about_us.htm
PRIVACY RIGHTS CLEARINGHOUSE
3100 5th Ave., Suite B
San Diego, CA 92103
Voice: 619-298-3396
Fax: 619-298-5681
Web: www.privacyrights.org
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