- October 12, 2004, pffc-online.com
SHEILA MILLAR, KELLER AND HECKMAN, LLP
WASHINGTON, DC, USA — Through an Order released on Friday, October 1, 2004, the Federal Communication Commission (FCC) has extended until June 30, 2005, the effective date of its new rule that an "established business relationship" (EBR) is insuficient to demonstrate that a person has granted "prior express permission" to receive unsolicited fax advertisements and its new requirements "prior permission" be in writing, Sheila Millar, an attorney at Washington, DC-based Keller and Heckman, and PFFC's "Legal Briefs" columnist tells pffc-online.com.
According to the FCC, the further extension until June 30, 2005, is necessary to allow Congress to act, or if it does not act, to afford the FCC more time to consider petitions for reconsideration of its new rule.
The EBR exemption will thus remain in effect until June 30, 2005. Faxes to those with whom a company lacks an EBR relationship require prior consent, but consent need not be in writing.
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