Chamber Asks for Stay in FCC Facsimile Rule

View the Petition (PDF, 589 KB)

WASHINGTON, D.C. – The United States Chamber of Commerce – together with several other association allies – today filed a petition to stay a proposed rule by the FCC that would outlaw fax communications between associations and their members, as well as businesses and their preexisting customers without written authorization.

"The FCC's proposed rule is ludicrous," said Steve Bokat, Chamber general counsel and executive vice president of the Chamber's National Litigation Center. "Faxing is one of the best ways our organizations and businesses communicate with their constituents."

The proposed fax rules would place a monumental and costly administrative burden on associations and other businesses by requiring them to obtain the signed written consent of each recipient before any commercial fax may be sent. This would severely impede the ability of associations and businesses to communicate with their customers or make them aware of events and products that would be of interest to them, according to the Chamber.

Currently, associations and businesses are free to send faxes to those persons with which they have an established business relationship, and unsolicited faxes and junk faxes are already illegal.

"The rule would have a huge impact on the bottom lines of businesses and non-profit organizations," continued Bokat. "This is classic example of a government agency extending its hand too far into the business of business."

The regulations are set to take effect 30 days after publication in the Federal Register, which would be as soon as August 25th. However, the rule cannot formally take effect until the Office of Management and Budget fulfills its Paperwork Reduction Act review.

The Chamber is urging its members to contact the FCC and their members of Congress and explain the negative impact this will have on their ability to satisfy customers and hear from the business associations they trust. More information is available online.

The request for stay was submitted officially by the U.S. Chamber, the National Association of Wholesaler-Distributors, National Association of Manufacturers, National Restaurant Association, NFIB, and the Community Association Institute.

The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.

###

03-130