Junk Fax Law Loophole?
Junk faxes dwindled thanks to a 1991 law that bans them and to several lawsuits that sent junk-fax senders packing. However, legistation is on its way to the Senate to create exceptions to this rule.A one-time avalanche of unwanted ads pouring from fax machines subsided in recent years, thanks to a 1991 law that bans them and to several lawsuits that sent junk-fax senders packing. The flow could further dwindle in July, once a federal rule goes into effect requiring written consent before faxing an unsolicited ad. Federal lawmakers, however, are racing to soften the rule following complaints from several industries. Legislation on its way to the U.S. Senate floor would create an exception to the consent rule for anyone with whom a company has an established business relationship. The sender would only have to include a cost-free way for the recipient to opt out of further faxes, and the opt-out notice would have to be provided on each fax in a clear, conspicuous way.
The Senate committee that oversees commerceThe U.S. Senate Committee on Commerce, Science and Transportationapproved the exception in the Junk Fax Prevention Act of 2005 this month after amending it to accommodate worries that it would open the floodgates to unwanted faxes just as the problem seems to be going away.