April 14, 2005

Bill Brings Consumer Groups and Business Together

Washington, DC – Today, Senator Gordon Smith announced that his Junk Fax Prevention Act of 2005 passed the Senate Committee on Commerce, Science and Transportation by unanimous consent. The Act is a mark of effective compromise between consumer groups and small business, as extensions to consumer removal hotline hours were added today during the final committee consideration.

“This bill is balanced policy that rids consumers of nuisance and small business of expensive regulation,” said Smith. “Protections from unwanted unsolicited faxes is important, but so too is the ability for businesses to maintain established relationships with their clients.”

Smith’s legislation would ensure that the 1992 FCC order permitting businesses and associations to send unsolicited facsimile advertisements where there exists an established business relationship will remain law. It would also provide consumers with additional protections, including the opportunity to opt out of faxes.

“We’ve successfully found middle ground on the legislation, it’s a positive change that will make business and day-to-day communication easier on a lot of users,” said Smith.

In July 2003, the FCC reconsidered its Telephone Consumer Protection Act (TCPA) rules and issued a rule eliminating the ability of businesses to contact their customers even where an established business relationship exists. The FCC’s rule would prevent businesses from sending fax solicitations, whether to a supplier or customer, without first obtaining prior written consent, imposing significant costs on businesses.

The Act’s final consideration in the Senate has not yet been scheduled.

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