FCC No Fax Rule

Official Policy
April 2004

 The Chamber opposes the Federal Communications Commission (FCC) ruling that requires the express written consent to receive consumer faxes even if there is an established business relationship. 

In July 2003, the FCC published significant changes to the rules regarding faxes as part of the Consumer Protection Act covering telemarketers. Since then, the FCC has stayed the requirements for receiving prior written consent and acknowledged that an established business relationship is enough to send commercial faxes until January 1, 2005, when the changes will take full effect. Upon January 1, sending commercial faxes will require written consent from the receiver, even where an established business relationship exists. The written consent then will only be valid for a limited time, requiring businesses to continuously solicit for this information.

The ruling indicates that small business can easily obtain written permission when customers patronize their store or provide information. But this would disproportionately affect businesses without a storefront or where the primary contact is through the telephone. Obtaining written consent via mail will become both costly and lengthy. 

The FCC ruling will make it difficult for associations like the Ann Arbor Area Chamber of Commerce to effectively communicate with members about issues, events, and programs in a cost-effective and timely manner.  The ruling will seriously stunt fundraising and product availability and will almost certainly affect the value of communications between a trade association and its members.