Can I Use Fax Lists for Political Campaigning?
Posted: Thu May 29, 2025 3:30 am
Legal Considerations:
Junk Fax Prevention Act (JFPA)
Prohibits sending unsolicited fax advertisements, including political messages that promote a person, party, or ballot issue.
Even non-commercial content may be considered fax lists unlawful if not requested or without prior consent.
Violations can result in fines of up to $500 per fax — and $1,500 per fax if done willfully or knowingly.
When It Might Be Allowed:
The recipient has given prior express permission to receive faxes.
There’s an existing relationship that includes consent to receive faxes (rare in political contexts).
You include a valid opt-out notice on every fax, per federal requirements.
Major Risks:
Expensive penalties for violations (especially in mass fax campaigns).
Negative public perception – faxing is considered outdated and invasive by many.
State laws may be even stricter than federal ones.
Better Alternatives for Political Outreach:
Email marketing (with proper opt-in).
Social media ads (Facebook, Instagram, YouTube).
SMS/text campaigns (with opt-in).
Phone banking and robocalls (regulated, but more common in politics).
Direct mail (still highly effective for voter engagement).
Bottom Line:
Do NOT use fax lists for political campaigning unless:
You have documented consent.
You include a proper opt-out mechanism.
You’ve confirmed compliance with federal and state laws.
For political campaigns, faxing is usually more risk than reward. Want help crafting a compliant and effective outreach strategy for your campaign instead?
Junk Fax Prevention Act (JFPA)
Prohibits sending unsolicited fax advertisements, including political messages that promote a person, party, or ballot issue.
Even non-commercial content may be considered fax lists unlawful if not requested or without prior consent.
Violations can result in fines of up to $500 per fax — and $1,500 per fax if done willfully or knowingly.
When It Might Be Allowed:
The recipient has given prior express permission to receive faxes.
There’s an existing relationship that includes consent to receive faxes (rare in political contexts).
You include a valid opt-out notice on every fax, per federal requirements.
Major Risks:
Expensive penalties for violations (especially in mass fax campaigns).
Negative public perception – faxing is considered outdated and invasive by many.
State laws may be even stricter than federal ones.
Email marketing (with proper opt-in).
Social media ads (Facebook, Instagram, YouTube).
SMS/text campaigns (with opt-in).
Phone banking and robocalls (regulated, but more common in politics).
Direct mail (still highly effective for voter engagement).
Bottom Line:
Do NOT use fax lists for political campaigning unless:
You have documented consent.
You include a proper opt-out mechanism.
You’ve confirmed compliance with federal and state laws.
For political campaigns, faxing is usually more risk than reward. Want help crafting a compliant and effective outreach strategy for your campaign instead?