November 30, 2016
The Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the Junk Fax Protection Act of 2005 (“JFPA”), prohibits, among other things, the use of telecopiers to deliver unsolicited commercial advertising material. Fax advertisements, however, can offer substantial benefits to marketers in terms of cost advantages relative to the potential reach of the marketing material. Accordingly, it is important for companies that use fax marketing to understand applicable exceptions to the TCPA, as well as the requirements mandated of fax advertisements even when such exceptions to the TCPA apply.
What are the TCPA exceptions and requirements applicable to fax marketing?