Posted on: Wednesday, June 29, 2005

Proposed law allows certain unsolicited faxes

Associated Press

WASHINGTON — Congress approved junk fax legislation yesterday that allows businesses to send out unsolicited faxes in certain circumstances while protecting the rights of consumers to stop receiving them.

The legislation, passed by the House and now headed for President Bush's signature, reinstates a 1992 Federal Communications Commission ruling that allows businesses and associations to send unsolicited faxes to those with whom they have an "established business relationship."

It would eliminate a new FCC ruling, first drawn up in 2003, that required businesses and organizations to obtain prior written approval before sending a commercial fax.

That rule was supposed to go into effect on Friday, but the FCC yesterday announced it would further delay its new junk fax rule until Jan. 9, 2006. The agency said the delay also would give more time to respond to petitions to reconsider the rule.

Rep. Fred Upton, R-Mich., a sponsor of the bill in the House, stressed that the measure does not overturn a 1991 law forbidding unsolicited ads from unfamiliar firms promoting investment opportunities, mortgage refinancing or vacation packages.

Under the bill, those sending faxes must alert recipients of their right to opt out of future faxes and must abide by such requests.