Junk Fax Prevention Act Signed into Law

Date: Jul 14, 2005

On July 9, 2005, President Bush signed the "Junk Fax Prevention Act of 2005" into law. The Act amends the Communications Act of 1934, as amended, by reinstating an established business relationship (EBR) exception to the prohibition against unsolicited fax advertisements. Organizations and companies may now send unsolicited commercial faxes to existing members, clients, and customers based on an EBR. Under the new law, the sender may only obtain the recipient's fax number from the recipient or from a directory, advertisement, or Internet site to which the recipient voluntarily agreed to distribution of his or her fax number. Every fax must also contain a clear and conspicuous notice on the first page with a telephone number, fax number, and cost-free mechanism for the recipient to opt-out of future faxes at any time, but the FCC has the authority to exempt non-profit organizations from the notice requirement.

For more information, please contact Sheila Millar at 202-434-4143 or millar@khlaw.com, or Tracy Marshall at 202-434-4234 or marshall@khlaw.com.