Florida Consumer E-Newsletter - September 2006
Download PDF version [680K PDF]
A Message From the Commissioner...
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Dear Friends: Are you annoyed by hundreds of “junk” faxes filling up your machine, wasting your time and wasting your money by exhausting your ink and paper supply? If so, you may now have some recourse. The Federal Communications Commission (FCC) implemented changes to the fax advertising rules of the Telephone Consumer Protection Act of 1991 (TCPA). In August 2006, the new rules put additional guidelines and restrictions on unsolicited advertisement distribution. |
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For additional consumer related information, please visit our website at www.800helpfla.com. You can also request free literature by mail, so give us a call today at 1-800-HELP-FLA (435-7352) within Florida, 850-488-2221 outside of Florida or 1-800-FL-AYUDA (352-9832) en Español. Remember... consumer education is the best defense against fraud and deception. Sincerely, |
Changes to the Law
The new amendments to the TCPA provide that it is unlawful to send unsolicited advertisements to any fax machine, including those at both businesses and residences, without the recipient’s prior express invitation or permission. However, under the amended rules, fax advertisements may be sent to recipients with whom the sender has an Existing Business Relationship (EBR), as long as the fax number was provided voluntarily by the recipient. Specifically, a fax advertisement may be sent to an EBR customer if the sender also:
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Obtains the fax number directly from the recipient, through, for example, an application, contact information form, or membership renewal form.
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Obtains the fax number from the recipient’s own directory, advertisement, or site on the Internet, unless the recipient has noted on such materials that it does not accept unsolicited advertisements at the fax number in question.
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For directories and other sources of information compiled by third parties, the sender must take reasonable steps to verify that the recipient consented to have the number listed.
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If the EBR existed before July 9, 2005, and the sender also possessed the fax number before July 9, 2005, the sender may send the fax advertisements without demonstrating how the number was obtained
Opt-Out
The rules require senders of permissible fax advertisements (those sent under an EBR or with the recipient’s prior express permission) to provide specified notice and contact information on the fax that allow recipients to “opt-out” of future faxes from the sender.
To stop unwanted fax advertisements, consumers’ “opt-out” requests must:
- Identify the fax number or numbers to which the request relates; and
- Be sent to the telephone number, fax number, website address or email address identified on the fax advertisement.
When a Violation Happens
The FCC has taken numerous enforcement actions, including the issuance of citations and fines, against companies for violations and suspected violations of the TCPA’s prohibition against unsolicited faxes. If you have received an unsolicited fax, or received a fax from someone who does not have a business relationship with you or who has not received your prior express permission, you may file a complaint with the FCC. You are encouraged to provide documentation in support of your complaint, such as copies of the fax(es) you received. You may file your complaint by completing the FCC’s online Consumer Complaint Form, or by calling the FCC’s Consumer Center at 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY.
For additional consumer information, or help finding the right resource for assistance, give us a call today at 1-800-HELP-FLA (435-7352) calling within Florida, 850-488-2221 outside of Florida, 1-800-FL-AYUDA (352-9832) ¡Español!, and a consumer specialist will be happy to assist you.
Additional Resources
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Phishing - Don't Take the Bait
Phishing is a high-tech scam that uses spam, pop-up messages and emails to deceive you into disclosing your credit card numbers, bank account information, Social Security number, passwords, or other sensitive information. Learn more...
The links below are for your information only. The goal of the Division of Consumer Services is to provide additional information to consumers. The Florida Department of Agriculture and Consumer Services does not review or confirm these sites for accuracy.
Federal Communications Commission (FCC)
What you need to know about fax advertising.
U.S. Securities and Exchange Commission
We frequently hear from frustrated citizens who’ve been inundated with “junk faxes” -- unsolicited advertisements that clog up the memory, tie up the line, and eat up the paper on your home or office fax machine. Learn more...
