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The
Power of the Fax
Feb
13, 2006
Author: Tom Perkins - Business Solutions Coach and Certified
Personal Trainer
In July 2005, another
curious law went into effect.
This one, called the Junk Fax Prevention Act of 2005 (JFPA)
has several surprises for business owners in terms of sending
routine faxes to their customers.
This new law just doesn’t impact the sending of what
we would think of as “junk” faxes.
It addresses several other areas that will impact how
you do business via fax.
What
is a Junk Fax?
Understandably,
we would think of a junk fax as an unsolicited fax.
However, under JFPA, unsolicited is
defined as “any material advertising the commercial availability or quality of
any property, goods or services which is transmitted to any
person without that person’s prior express invitation or
permission, in writing or otherwise.”
So, if you were sending
out an announcement, via fax, regarding a new product or
service to your customers, it could be considered a junk fax
under JFPA.
Importance of an EBR
But
wait, the new law complicates things even more. Your “established
business relationship” (EBR) is now extremely important
in terms of marketing your business using the fax.
You are still allowed to send unsolicited faxes to anyone
with whom you maintain an EBR.
An EBR is defined as "a
prior or existing relationship formed by a voluntary two-way
communication between a person or entity and a residential
subscriber with or without an exchange of consideration, on
the basis of an inquiry, application, purchase or transaction
by the residential subscriber regarding products or services
offered by such person or entity, which relationship has not
been previously terminated by either party."
Right to “Opt-Out”
You
also have to provide an “opt-out” option on all faxes.
Fax cover sheets are now to include “opt-out”
information, regardless
if your business has an EBR or not, the first page of
every fax solicitation has to tell the receiver how they can
“opt-out” of receiving future faxes from your company.
And, we aren’t talking
about a simple “opt-out” check box.
JFPA has kindly provided an extensive guideline for the
“opt-out” notice. An
“opt-out” needs:
- To
be "clear and conspicuous and on the first page of the" fax;
- Notice
that your failure to comply within the shortest,
reasonable amount of time with any opt-out notice sent by
a customer will be a violation of the law;
- A
"domestic contact telephone and facsimile machine
number" for the recipient to transmit any opt-out
notice request;
- A
"cost-free mechanism" that the recipient can use
to send the opt-out notice; and
- Allows
the recipient to opt out "at any time on any day of
the week"
Failure
to Comply
Noncompliance
equals sizeable penalties.
The law allows anyone who has illegally received a junk
fax to sue for and recover $500 - $1500 or more per violation.
Surprisingly, the law now allows for class action
lawsuits and even small claims court lawsuits to be filed.
Tom
Perkins is a business solutions coach and certified personal
trainer who leads fitness professionals to profitability.
Send
an email to thecoach1-140208@autocontactor.com
to receive the Essential Fitness Business Success Checklist.
Or visit his website at http://www.fitnessindustrysolutions.com
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