NAR Secures Flexibility for Small Businesses in FCC Junk Fax Rulemaking

Rule protects consumers and businesses from unsolicited faxes
RISMEDIA, April 10, 2006?The National Association of Realtors applauds the new rules recently finalized by the Federal Communications Commission (FCC) implementing the Junk Fax Prevention Act (JFPA) which protects both consumers and businesses alike. NAR supported provisions of the new rules which clarify the responsibilities of businesses when sending unsolicited faxes and implement the JFPA’s new consumer right to ?opt out? of receiving faxes even from those with whom the recipient has an established business relationship.

Congressman Fred Upton (R-Mich.), Chairman of the House Subcommittee on Telecommunications and the Internet and one of the chief sponsors of the JFPA, supported NAR’s position. In a letter sent to FCC Chairman Kevin Martin during the comment period leading up to the final rule, Chairman Upton expressed concern about implementing rules that may overly burden legitimate business activities conducted by fax. Responding to the FCC’s final rules, Chairman Upton stated, ?Congress? fundamental purpose in adopting the Junk Fax Prevention Act was to strike a more appropriate balance between protecting the privacy interests of consumers and avoiding unnecessary and burdensome restrictions on businesses. I believe the FCC’s final rules both respect this goal and are straightforward enough so senders in all segments of the American economy will be able to comply. The final rules are both good for the consumer and good for businesses throughout the nation.?

The FCC?s final rules give small businesses some flexibility when it comes to complying with the JFPA. For example, the final rules recognize the validity of faxes sent in the context of informal business relationships, which is important to many businesses, including the real estate industry. Additionally, in the final rules, the FCC gives small businesses a number of options to consider when complying with the JFPA’s requirement to provide consumers with a cost-free mechanism to transmit do-not-fax request.

?The FCC rules are a win-win for small businesses and consumers alike,? said 2006 NAR President Thomas M. Stevens, senior vice president of NRT Inc., from Vienna, Va. The FCC?s approach represents a sensible balance between the legitimate interests of consumers to avoid unwanted faxes and the need of businesses to reach their customers.