FCC Reaffirms Opt-Out Notice Requirements for Faxes

74/465+1 Send/FaxThe U.S. Federal Communications Commission (FCC) has reaffirmed that its requirements regarding the inclusion of opt-out notices on all fax advertising messages applies even to fax messages sent to recipients that have previously granted permission to the sender.

In an Order released in October 2014, the Commission restated its rules that opt-out notices must: 1) be clear and conspicuous and on the first page of the faxed advertisement; 2) state that recipients can request the sender not send future advertisements, and that the sender’s failure to comply with the request within 30 days is unlawful; and 3) include a domestic contact phone and fax number to which the recipient can transmit their opt-out request.

The Order also makes clear that even senders with a prior business relationship with a given recipient must include an opt-out notice that complies with the above requirements.

In issuing this clarification, the Commission acknowledges possible confusion about senders of advertising faxes as to the circumstances in which the opt-out notice requirement applies. At the same time, the Commission has also set an April 30, 2015 deadline for the filing of any waiver request from fax senders. Following that date, the Commission says it expects full compliance with the opt-out notice requirements.

Read the complete text of the Commission’s Order in connection with its opt-out notice requirements.

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