How to Use Fax Lists Without Breaking Fax Marketing Laws
Posted: Thu May 29, 2025 6:24 am
Fax marketing can still be an effective outreach method, but it comes with strict legal boundaries that marketers must respect. The biggest mistake businesses make is assuming fax numbers are fax lists fair game. In the U.S., the Junk Fax Prevention Act (JFPA) and Telephone Consumer Protection Act (TCPA) govern how and when you can send faxes, and noncompliance can result in heavy fines. To stay on the right side of the law, always ensure your fax lists are permission-based or come from contacts with an Established Business Relationship (EBR). That means they’ve either opted in to receive communication or have done business with you recently. Cold faxing without consent is a fast track to legal trouble.
Another key legal requirement is providing a clear and easy opt-out option. Every fax you send must include a clear notice with instructions on how the recipient can opt out of future faxes—along with a valid fax number or toll-free number they can use to make that request. This notice must be placed on the first page of the fax and must be easily readable. Ignoring this rule not only violates the JFPA but also damages your brand’s trust and credibility.
Lastly, choose your fax list providers carefully. If you’re buying or renting fax lists, ask detailed questions about how the data was collected and whether proper consent was obtained. Cheap or shady list providers may not follow compliance protocols, leaving you legally exposed. When in doubt, it’s safer to build your own list from legitimate business contacts, trade shows, or opt-in forms on your website. By focusing on transparency, consent, and compliance, you can continue using fax marketing as a viable and legally sound outreach tool.
Have questions about fax compliance or need help vetting a list provider? I’m here to help!
Another key legal requirement is providing a clear and easy opt-out option. Every fax you send must include a clear notice with instructions on how the recipient can opt out of future faxes—along with a valid fax number or toll-free number they can use to make that request. This notice must be placed on the first page of the fax and must be easily readable. Ignoring this rule not only violates the JFPA but also damages your brand’s trust and credibility.
Lastly, choose your fax list providers carefully. If you’re buying or renting fax lists, ask detailed questions about how the data was collected and whether proper consent was obtained. Cheap or shady list providers may not follow compliance protocols, leaving you legally exposed. When in doubt, it’s safer to build your own list from legitimate business contacts, trade shows, or opt-in forms on your website. By focusing on transparency, consent, and compliance, you can continue using fax marketing as a viable and legally sound outreach tool.
Have questions about fax compliance or need help vetting a list provider? I’m here to help!