WASHINGTON, D.C. -- The U.S. Congress has passed S. 714, the Junk Fax Prevention Act of 2005. The legislation includes a provision requiring an established business relationship exemption to the Junk Fax rule.

The bill allows organizations to send faxes without express permission when they have an established business relationship with the recipients. Faxes will be required to include an opt-out provision where any recipient may choose not to receive such faxes.

In 2003, the Federal Communications Commission (FCC) revised its telemarketing rules including advertising faxes and reversed the original rule that an existing business relationship was exempt from the necessary express permission to send fax advertisements to customers or members. The rule has been stayed once more by the FCC until Jan. 9, 2006, at which time the FCC rule will take effect. Until Jan. 9, 2006, the established business relationship exemption applies.

In 1991 a law (PL 102-243) regulating the telemarketing phone industry included a ban on unsolicited faxes. The FCC proposed the exemption for faxes for established customers. In 2003, when the FCC updated its telemarketing rules for the “do not call” registry, it removed the exemption.

“The Automotive Service Association (ASA) supports this legislation. We are pleased the U.S. Congress recognized the deadline as well as impact this regulation would have on small businesses,” said Bob Redding, ASA’s Washington, D.C., representative.

The bill has been sent to President George W. Bush for his signature.

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