Proximity Marketing takes the stress out of fax and email legislative compliance. We share with you the best practices and legal requirements, and ensure that each campaign meets these standards. Below is the current fax and email legislation that we uphold.

FCC Rules fax renewals are transactional -- not fax advertisements.

California passed fax legislation that went into affect January 1, 2006.
Click here to access the law. This law applies only to intrastate faxes.

Click below to access information on:
• Fax Legal Compliance
• Email Legal Compliance

Fax Compliance TCPA & Junk Fax Prevention Act Requirements:
Every fax must reference:

1. The identity of the "official" sender
2. The fax number of the sender
3. The broadcast date and time
4. Established business relationship (EBR)
5. Consent source: You must have received the fax number from the recipient in the context of the EBR, or from a public source such as a directory, advertisement, or web site, etc.
6. Opt-out requirements:
   •  Clear and conspicuous opt-out mechanism on first page.
   •  2 methods, including fax opt-out and phone opt-out
   •  1 cost free method which is available 24/7
   •  The "cost free" opt-out mechanism may be either a website, email address, phone number or fax number (and a local phone number is cost free if the faxes are limited to local recipients).
   • (Opt-out language) Our failure to comply with the request in the shortest reasonable time established by the FCC is unlawful.
   • Opt-out removal language to state the recipient may request that the sender not send
   future unsolicited advertisements to a fax machine or machines, and "failure to comply with the request in the shortest reasonable time established by the FCC is unlawful".
   • Opt-out requests must be honored after 30 days, or sooner if the sender has the capability of removing the number sooner.
   • Later "invitation or permission" trumps an opt-out.

Proximity Marketing also suggests including the following:
1. Publication name
2. Publication mailing address
3. Signature required field
4. Date required field
5. Company legal statement
6. Develop company-wide standards

Basic Definitions:
Established Business Relationship Defined: "a prior existing relationship formed by a voluntary two-way communication with or without an exchange of consideration, on the basis of an inquiry, application, purchase, or transaction between the recipient and the sender regarding products or services."

"Unsolicited Advertisement" Defined By FCC: "any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without  the person's prior express invitation or permission."

Other important fax provisions of the TCPA include:
 •  "Do not fax" requests: If a recipient requests being removed from a fax reception list, the sender must promptly comply.
 • Third-party liability for fax services: A company that hires a third party to broadcast faxes on its behalf remains  liable if the third party sends unsolicited advertisements.
 •  Damages: TCPA violators are liable in state court for $500 for each unsolicited fax, or up to $1,500 for each "intentional" transmission. Any recipient can file a suit against the sender.

Email Compliance (CAN-SPAM):
Every commercial email MUST contain:

1. Valid headers that do not contain fraudulent elements.
2. A subject line which accurately reflects the content of the email.
3. A "From" line with the name of the sender.
4. Clean and conspicuous notification that the communication is a promotion within the body of the email.
5. A valid postal address of the sender (and/or advertiser) - no PO Box.
6. A functioning unsubscribe procedure (either via email or Web page).
        •  The opt-out requesting recipient must be removed within 10 business  days.
        •  The opt-out email address or Web page must be functional for 30 days
            after the mailing.
   
   Related Documents/Information:
   Proximity Marketing's Overview Presentation on Fax & Email Compliance [ppt]
   Federal Communications Commission Web Page
   Federal Trade Commission Web Page
   Proximity Marketing's Clarification Request
   ANNOUNCEMENT: US Congress Passes Email Legislation -- Bill [pdf]
   ANNOUNCEMENT: FCC Delays Change in Established Business Relationship Definition
   ANNOUNCEMENT: FCC Extends the Effective Date of Amended Fax Advertising Rules to January 1, 2005
   ANNOUNCEMENT: FCC's Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991

Resource Center Links