FCC Opens Flood Gates for Junk Faxes

EmagGeek writes "The FCC implemented a Report and Order on Reconsideration (R&O on Recon) that uses some of the same exemptions for junk faxes that currently exist for the Do Not Call list. The new rules specify that junk faxers can claim an Existing Business Relationship (EBR) to justify flooding you with junk faxes. Under the new rules, a junk faxer could visit your website and call that an existing business relationship. The new rules also prevent junk-fax trapping, in which someone posts their fax number on the internet, waits for junk faxes, then files suit against the faxers under the TCPA. With all of the government-sponsored selling out of The People that has been going on in the past, say, 6 or so years, one has to wonder when or even if it is going to stop."

Comments

The FCC does not have the authority to change law.

[msauve]

US Code Title 47, Sec.227(b)(1)(C):

"It shall be unlawful for any person within the United States to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine"

A "telephone facsimile machine" is defined in Sec.227(a)(2)(B) as:

"equipment which has the capacity to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper."

The term "established business relationship" is by law only applicable to a "telephone solicitation," which is clearly defined in the law as different than a fax. Furthermore, the FCC is by law specifically allowed to exempt by law only two specific sections, neither of which pertain to faxes.

http://uscode.house.gov/uscode-cgi/fastweb.exe?g etdoc+uscview+t45t48+1372+1++%28%29%20%20AND%20%28 %2847%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%20w% 2F10%20%28227%29%29%3ACITE%20%20%20%20%20%20%20%20 %20