Dear Friends,
Today, we are very pleased to announce the House of Representatives
passed the Junk Fax Prevention Act of 2005. This legislation was previously passed
by the Senate late last week. This bill, S714, provides a framework for fax
communications
and addresses concerns regarding the established business relationship
(EBR) clause of the TCPA as well as fax removal procedures. The bill
must now be signed into law by the President which we expect will
occur sometime this week.
We know this news will come as great relief to many of you. From
the onset of the proposed rule changes, it has
been a challenging battle for Proximity Marketing and others who have
pushed for new legislation. We appreciate
your efforts in persuading your elected officials which generated support for
fair legislation.
» BILL DETAILS
If
signed into law, the bill would amend the current standard in
the
following ways:
Established Business Relationship: The bill will permit fax
communications between parties who have an established business
relationship. Therefore, there is no need for written "express
invitation or permission," the standard in the present law. Lastly,
there is no time limit definition to the EBR; however, the FCC will
have the authority to establish an EBR length in the future.
Fax Removal Procedures: Faxes must include an opt-out
provision on the first page of the fax, providing a cost-free, 24/7
means for the recipient to request removal from future fax
communications.
Sending Unsolicited Faxes: After the effective date, fax
numbers to which unsolicited advertising will be sent must be
obtained either directly from the recipient or from a public source
to which the recipient gave the number for publication (i.e., a
website, advertisement or directory). Additionally, fax numbers in
the possession of the sender at the time of enactment are "grandfathered" as to the means by which the number was obtained.
Click here to read the legislation.
»Fax Legislation: The Law & Practical Application Event to be
held!
Currently, Proximity Marketing is
preparing to hold a web event to detail the fax legislation as well
as provide practical applications for publishing professionals.
Details will be coming as to the specific time and date of
the event.
»FCC DELAYS RULING
In addition to the passage of the legislation, yesterday, the FCC
also delayed its July 1, 2005 EBR effective date to January 9, 2006
stating,
"...in addition, we delay until January 9, 2006, the effective date
of the
rule establishing the duration of an "established business
relationship" as
applied to the sending of unsolicited facsimile advertisements."
We will continue to keep you updated of any future developments.
If you have any immediate questions, please do not hesitate to contact
me.
Regards,
Mark Priebe
President
Proximity Marketing
T: 330-220-6100 x 222
E:
markp@proximitymarketing.com
|
