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OFFICIAL MAGAZINE OF THE NATIONAL ASSOCIATION OF REALTORS®

Daily Real Estate News  |  August 12, 2003  |   Support Sought for Stay on Fax Prohibition The National Association of REALTORS is asking members to contact the Federal Communications Commission to express support for an emergency stay on rules prohibiting unsolicited facsimile advertisements. Last month, the FCC amended its rules on unsolicited facsimile advertisements. The Telephone Consumer Protection Act of 1991 prohibits unsolicited faxes and requires a person or entity to obtain the prior express invitation or permission from the recipient before transmitting an unsolicited fax advertisement. Since 1992, the FCC had ruled that an established business relationship, such as the one between a trade association and its members, constituted an express invitation or permission to receive an unsolicited fax. Now, however, the FCC has concluded that they had overstepped their interpretive authority and the existing business relationship no longer will be sufficient to show that an individual or business has given their express permission to receive unsolicited faxes advertisements. This express invitation or permission must be in writing and include the recipient’s signature. The FCC has indicated that these new rules would take effect thirty days after they published the formal rule. The rule will take effect on August 25, 2003. NAR launched a Call for Action on this issue, asking for letters to be sent supporting the petition for an Emergency Stay. REALTORS can respond to the Call for Action by going to the NAR Action Center. A copy of NAR's petition is also located on the "In the News" section of the Action Center. NAR

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