Comments to the Federal Communications Commission Regarding Implementation of The Junk Fax Prevention Act of 2005

Fifteen years ago when Congress passed the Telephone Consumer Protection Act of 1991 (TCPA), it made what seemed an unambiguous declaration: Unsolicited advertisements to fax machines were prohibited without the recipient's prior express permission. Clear though it sounds, the public's efforts to stop unwanted fax solicitations have had a long and tortuous history. The Junk Fax Prevention Act of 2005 creates a loophole that will surely reverse even the modest progress made against unwanted junk faxes.

Junk Faxes: They Are Now OK with a "Business" Relationship

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, Congress has created an exception for fax advertisements sent when you have an “established business relationship,” or EBR, with the sender.

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