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Notes on Fax Blasting

by TheBigBee
5 replies
I had lawyer pore over the EBR exemption regarding the ability send unsolicited faxes to business owners.

My interpretation of the FCC statement on this was that if a business owner owns a website and publishes his / her phone number to that site, so long as there is no "non solicitation" notice - unsolicited faxing is fair game.

WRONG.

What you can do however is send unsolicited faxes to someone or business who you have had a prior business relationship with. If you meet a business owner at a bar, and he says; "I want to talk more" however, he does not offer his fax number, but you find it on his website - you can send him / her an unsolicited fax.

I am strong believer in faxes - because a business owners' muscle memory is trained to go look at them. You will always get more faxes read than e-mails read - hands down.

So, aggregate all the leads you have - where a clear existing business relationship is established - and send out faxes for follow up instead of e-mail. It costs 1 penny per delivered page.

Your deal close rate will certainly increase because the contact rate will increase.

It's also slightly easier to read well formatted faxes than it can be for e-mail...
#blasting #fax #notes
  • Profile picture of the author Aaron Doud
    If the fax has value it is read. But spam faxes we just toss.

    As for business relationship did your lawyer use the bar example? As that is not how I have understood the rule but I have never wanted to do this enough to really look into it like you have.

    I just want to clarify that according to the lawyer that works. Like he would represent you for free if the government came after you.
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  • Profile picture of the author Joe Stewart
    I never fax OR email anyone without permission. That's just asking for trouble. Call them on the phone and try to give a presentation first. If they don't want to listen, then ask them if they'd like to get on your fax or email list, but before you send anything make them send you something stating that. If someone asks me to send them an email I tell them I'd be happy to but that I want to remain Can-Spam compliant, so they'll need to visit my site and opt-in first. If they don't, I'll just call them again the following month.
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    • Profile picture of the author TheBigBee
      Let me clarify. If you call a merchant and only obtain their email address didn't t the conversation where they have agreed to explore doing business with you, you are well within your rights to reach out to that merchant.

      By saying; "hey Mr Warrior, I am busy running my shop, but lets talk later." They have established an EBR. You can then go on their site, grab their fax and send them a follow up.
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  • Profile picture of the author EaglePiServ
    The established business relationship does not permit you to fax solicitations.

    The TCPA is very clear and there are lawsuits left and right to support this, the most famous one being: AMERICAN HOME SERVICES INC v. FAST SIGN COMPANY INC, A11A0719., May 11, 2011 - GA Court of Appeals | FindLaw

    This one resulted in a $400 MILLION judgment.

    We've sued hundreds of junk faxers to the point where we rarely if ever get a junk fax anymore. Suing a junk faxer is an easy $1500.

    So, if you can afford to lose $1500 per fax you send - go ahead.
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    • Profile picture of the author TheBigBee
      Originally Posted by EaglePiServ View Post

      The established business relationship does not permit you to fax solicitations.

      The TCPA is very clear and there are lawsuits left and right to support this, the most famous one being: AMERICAN HOME SERVICES INC v. FAST SIGN COMPANY INC, A11A0719., May 11, 2011 - GA Court of Appeals | FindLaw

      This one resulted in a $400 MILLION judgment.

      We've sued hundreds of junk faxers to the point where we rarely if ever get a junk fax anymore. Suing a junk faxer is an easy $1500.

      So, if you can afford to lose $1500 per fax you send - go ahead.

      Please read this from the FCC website. Tell me how you / or your lawyer may interpret this:

      The rules provide that it is unlawful to send unsolicited advertisements to any fax machine, including those at both businesses and residences, without the recipient's prior express invitation or permission. Fax advertisements, however, may be sent to recipients with whom the sender has an EBR, as long as the fax number was provided voluntarily by the recipient. Specifically, a fax advertisement may be sent to an EBR customer if the sender also:

      obtains the fax number directly from the recipient, through, for example, an application, contact information form or membership renewal form; or
      obtains the fax number from the recipient's own directory, advertisement, or site on the Internet, unless the recipient has noted on such materials that it does not accept unsolicited advertisements at the fax number in question;

      or has taken reasonable steps to verify that the recipient consented to have the number listed, if obtained from a directory or other source of information compiled by a third party.

      If the sender had an EBR with the recipient and possessed the recipient's fax number before July 9, 2005 (the date the Junk Fax Prevention Act became law), the sender may send the fax advertisements without demonstrating how the number was obtained.

      My initial interpretation was that if your site is on the internet and your fax number is there with no disclaimer, you were ripe. I was wrong.

      I have a client who had their in house attorneys (two fo them) hash this out. I got to see the entire discourse through e-mail correspondence...
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