Date: Aug 19, 2003
Faced with a barrage of opposition to its ill-conceived rules barring faxing without written consent, on August 18, 2003, the Federal Communications Commission ("FCC") decided to stay the effective date of implementation of the new rules. The FCC's decision is posted at its website at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-208A1.pdf.
The FCC continues to insist that after the new amended effective date of January 1, 2005, an established business relationship will no longer be sufficient to show that an individual has given express permission to receive faxes, but until that time, an established business relationship will continue to be sufficient to show that an individual or business has given express permission to receive facsimile advertisements. Thus, it remains important for the business community to press the FCC for a more rational approach to consents, for continued recognition of an established business relationship exemption, and for a more reasoned definition of the term "unsolicited advertisement."
For information on how to file comments and challenges to the rules, contact Sheila A. Millar at (202) 434-4143, or by e-mail at firstname.lastname@example.org, or Tracy P. Marshall at (202) 434-4234, or by e-mail at email@example.com. Keller and Heckman LLP also has additional information available on state telemarketing, "Do Not Call," "Do Not Fax," and spam laws.