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HBAs, Builders Allowed to Continue Communicating by Fax
Associations and businesses of all kinds breathed a collective sigh of relief last week as Congress successfully approved the “Junk Fax Prevention Act of 2005,” a bill that injects some common sense into onerous Federal Communications Commission (FCC) rules aimed at preventing unwanted faxes.
Passed just in time to pre-empt the FCC regulations’ July 1 effective date, the bill is currently awaiting President Bush’s signature, which is expected at any time. However, recognizing that the legislation will likely become law very soon, the FCC has now delayed implementation of its rules until Jan. 9, 2006 so that businesses do not need to worry about violating them while the bill sits on the President’s desk.
The new law will establish an “existing business relationship” exception to the general rule against unsolicited fax communications. That should make life easier for home builders and their associates, among others, whose communications with existing and potential customers would have faced much more burdensome compliance measures. It also helps organizations such as NAHB and state and local home builders associations, which would have had to obtain express written consent from each of their members before being able to communicate with them by fax.
Due to its tremendous significance to the day-to-day communications of NAHB members and affiliates, the association was heavily engaged in moving this legislation through Congress.
In addition to lobbying on Capitol Hill, NAHB conducted a grassroots letter writing campaign and worked with a range of coalition partners. These efforts resulted in unanimous passage of the bill in the Senate on June 24 and in the House on June 28. NAHB also successfully petitioned the FCC for the delayed implementation of its rules.
The following is required for compliance with the new law:
- All business faxes should include a chance for recipients to opt out of further communications.
- This opportunity must be clearly spelled out on the first page of each fax, including a phone and fax number for recipients to use; at least one cost-free way to respond must be available 24 hours a day.
- The sender may only use fax numbers obtained through a business relationship with the recipient or from a Web site, directory or advertisement where the recipient clearly intended to make the information available. (Fax numbers in the senders’ possession prior to enactment of the legislation are exempted.)
To read the legislation, click here and enter "Junk Fax Prevention Act of 2005" in the box at the upper left.
For more information, e-mail Allen Segal at NAHB, or call him at 800-368-5242 x8570; or contact Andrew Holliday, x8305.
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