Junk
Fax Prevention Act of 2005
Statute: 47
USC 227, as amended (S.
714)
Regulation: Coming
soon.
JFPA Purpose: On July 9, 2005,
Congress enacted the Junk Fax Prevention Act
to amend the unsolicited fax advertisement provisions
of the Telephone Consumer Protection Act of
1991 ("TCPA") and directed the FCC
to issue regulations to implement the statute.
In April 2006, the FCC implemented changes to
the facsimile (fax) advertising rules of TCPA.
The new rules: (1) codify an established business
relationship (EBR) exemption to the prohibition
on sending unsolicited fax advertisements; (2)
define EBR as used in the context of unsolicited
fax advertisements; (3) require the sender of
fax advertisements to provide specified notice
and contact information on the fax that allows
recipients to “opt-out” of any future transmissions
from the sender; and (4) specify the circumstances
under which a request to “opt-out” complies
with the Act. Effective 08/01/06.
