New FCC Rule On Commercial Faxes FAQs

When would these rules go into effect?

They go into effect 30 days after publication in the Federal Register.  The rules are currently undergoing review for Paperwork Reduction Act compliance with the Office of Management and Budget.  If OMB finds they do comply, publication would likely occur as early as mid-September.

What does this mean for my existing customers/members?

If the regulation goes into effect you would have to secure written consent from your existing members or customers prior to offering new products or services via fax.  Once the rule goes into effect you will also be precluded from obtaining written consent via fax.  The rules also apply to prospective customers or members.

What constitutes consent?

Members or customers must provide you with the specific fax number(s) to which you can send, along with a signature or digital signature via e-mail or online.  Members and customers can also fax back written consent if they receive the form via mail or e-mail. 

What would the penalties be for violating the regulations?

Violation could bring FCC and state enforcement and a private lawsuit for up to $1,500 per violation.  This could open the floodgates to more class action lawsuits.

What is the Chamber doing to fight these regulations?

The Chamber is using all the resources at its disposal to stop the implementation of these rules.  The Chamber will petition the FCC to reconsider the regulations.

What can I do to help stop these regulations?

Check back soon to send an e-mail or fax to the FCC and your members of Congress in opposition to these proposed rules.

Where can I find a draft model consent form to obtain written consent from by members or customers?

Download the Draft Model Consent Form (MS Word, 25KB)

This draft model consent form can be sent by mail, e-mail or fax until the new rule goes into effect. After the rule goes into effect, currently expected by mid-September, the draft model consent form may not be sent by fax. The Chamber does not take a position on whether you should solicit consent in anticipation of these rules. This is a draft model consent form for your reference only and may not be sufficient under the final rule.