Fax marketing can still be an effective way for businesses to reach their audience, but it requires strict compliance with legal regulations to avoid penalties. Whether you’re using the best fax services or a traditional fax machine, this guide will help you navigate the essentials of fax marketing.
What is fax advertising?
Fax advertising (also known as fax marketing) sends promotional messages to targeted recipients via fax machines. For instance, pharmacies or medical practices might receive faxes about new medicines. Unlike mail or email, fax marketing can grab attention. Online fax services, deliver messages directly to businesses with fax machines or who use online faxing.
History of fax marketing
Fax marketing emerged in the late 1980s as fax machines became widely available. Originally intended for internal communication, marketers quickly saw their potential to send promotional materials directly to customers. Today, you can even send faxes without a machine. Learn more: https://comfax.com/fax-without-fax-machine/.
Fax advertising laws in the United States
The Telephone Consumer Protection Act (TCPA) is the primary law for fax advertising in the U.S. It requires a mandatory, clear opt-out notice on every fax ad, allowing recipients to stop future messages. The TCPA strictly prohibits unsolicited fax ads via any device (traditional fax, computer, or online) without adhering to these rules. Marketers must understand these guidelines to avoid fines and legal issues. Read on for key rules to legally send fax ads and protect your business.
The junk fax prevention act
The Junk Fax Prevention Act, signed July 9, 2005, amended the TCPA. It permits unsolicited fax ads only under strict conditions. Marketers must have an Established Business Relationship (EBR) with the recipient, legally acquire their fax number, include a clear opt-out notice on every ad, and cease sending if requested. Violating these rules can result in substantial fines.
Fax advertising compliance checklist
Ensure your fax advertising campaigns comply with regulations to avoid penalties.
1. Established business relationship (EBR)
An EBR is a pre-existing connection from voluntary interactions (inquiries, purchases, etc.) for the sender’s products or services. Marketers can fax individuals with an EBR, but recipients must have an opt-out option. An EBR must be directly with the sender, not affiliates.
2. Acquiring Fax numbers for advertising
Acquire fax numbers properly for EBR faxes:
- Obtain the number directly from the recipient during business interactions (e.g., forms, in person, phone, letterhead).
- Use numbers published by the recipient in a directory, ad, or website, unless advertising is explicitly forbidden.
- Only use third-party numbers if the recipient consented to marketing.
- Special rule: For EBRs established before July 9, 2005, proof of acquisition method isn’t required if you already had the number.
3. Notice of opt-out
Every fax advertisement must clearly and conspicuously include on its first page:
- A statement that the recipient can opt out of future unsolicited faxes.
- A domestic telephone number and fax number for opt-out requests.
- At least one cost-free, 24/7 opt-out mechanism (e.g., toll-free number, email, website link).
Additionally, all faxes (not just ads) must display the sender’s identification on each page or the first page, including transmission date/time, registered company name, and sender’s phone/fax number.
4. Fax marketing opt-out process
The opt-out system must operate 24/7. Advertisers must honor opt-out requests promptly, within 30 days. Opt-out requests are valid indefinitely unless the recipient later grants permission. The sender is responsible for compliance and honoring opt-out requests, even if a third party manages the process.
5. Consent to receive fax advertisements
If challenged, you must prove compliance by demonstrating:
- An existing business relationship (e.g., purchase, inquiry).
- The fax number was provided willingly or was publicly available without an opt-out declaration.
Failure to provide records for both points will result in the FCC assuming a violation.
6. Transactional faxes
Transactional faxes are permitted as they relate solely to a pre-agreed transaction and are not considered advertisements. Examples include receipts, invoices, account statements, or travel itineraries. These complete or confirm an existing agreement. However, beware: faxes promoting free products or services, even if transaction-related, are ads. Surveys leading to a sales pitch are also considered advertising. Focus strictly on transactional facts, not sales promotions.