Cold Faxing (No Prior Relationship)
Consent is required before sending any promotional fax to a cold list.
You must have:
Prior express invitation or permission fax lists from the recipient
OR
A valid Established Business Relationship (EBR)
AND the recipient’s fax number was voluntarily provided or is clearly published (e.g., on a website or directory)
What Makes a Fax List Compliant?
Requirement Description
Prior express consent Opt-in, signed form, or explicit permission to receive fax ads
Valid EBR + published fax You’ve done business recently and the fax number is public
Opt-out instructions Clear, easy way to stop future faxes, on every message
Sender identification Your business name, address, and contact info must be included
What You Cannot Do:
Use scraped, purchased, or harvested fax lists with no consent
Fax numbers from online directories if you don’t have a business relationship
Send faxes without a clear opt-out notice
Assume consent from a phone call or casual contact
Workaround Options (Still Must Be Compliant):
Get opt-in first: Send an email, letter, or make a call asking for fax permission
Build your own list: Use forms, subscriptions, or event signups with a fax opt-in
Use fax for transactional or informational content, not marketing — but be careful not to blur the line
Final Thought:Faxing a cold list without consent is risky and often illegal. Always verify that you have the proper permissions and opt-out options in place. When in doubt, don’t send it.
Want help turning your cold list into a compliant, opt-in fax audience?