Key Laws That Govern Fax Marketing
1. Junk Fax Prevention Act (JFPA)
Amends the Telephone Consumer Protection Act (TCPA)
Regulates unsolicited commercial faxes
Requires that senders have prior express permission or an Established Business Relationship (EBR)
2. TCPA (Telephone Consumer Protection Act)
Prohibits unsolicited advertising faxes unless:
You have an EBR with the recipient and
The fax includes an opt-out notice
3. CAN-SPAM Act (indirect relevance)
Primarily governs email, but sets expectations for clear opt-out processes and transparency in advertising
How to Stay Compliant
1. Get Consent or Qualify for an Established Business Relationship (EBR)
Best practice: Use opt-in fax lists where recipients have clearly given permission.
An EBR means the recipient has:
Purchased or inquired about your products/services
Interacted with you in a way that suggests interest or ongoing communication
2. Include a Valid Opt-Out Notice on Every Fax
Must be on the first page and clear and conspicuous
Must include:
Instructions on how to opt out (fax number, toll-free phone, email)
A statement that the sender must honor the opt-out request within 30 days
A method that operates 24/7
3. Provide Clear Sender Identification
Include your:
Company name
Physical address
Telephone number
Fax number or email
Do not send anonymously—transparency is required
4. Use Professional List Providers
Only purchase lists from reputable vendors who guarantee:
Updated data
Permission-based or compliant opt-in
List segmentation by profession, region, etc.
Avoid scraped or generic lists, which are often illegal or outdated
5. Respect State-Specific Laws
Some states have stricter rules (e.g., California, New York)
Always review local regulations if you're targeting professionals in specific states
6. Keep Documentation
Save:
Proof of opt-in or EBR
Copies of faxes sent
Logs of opt-out requests and how you honored them
This protects you in case of complaints or legal scrutiny
What to Avoid
Buying cheap, non-compliant fax lists online
Failing to include an opt-out method
Sending faxes to random or generic recipients
Misleading content or fake sender information
Including sensitive or confidential information without consent (HIPAA violation)
Penalties for Non-Compliance
Up to $500 per violation under TCPA
Willful violations can reach $1,500 per fax
Class-action lawsuits are common if mass faxes are sent unlawfully
Compliance Checklist for Every Fax
Item DetailsOpt-in or EBR Confirmed Consent or business relationship in place
Opt-Out Instructions Included Clear, conspicuous, and on the first page
Sender Contact Info Visible Name, address, phone, fax/email
Fax Content Is Lawful & Relevant No false claims, no PHI, no bait-and-switch
List is Verified and Segmented Targeted by specialty, location, and compliance