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Junk Fax Prevention Act Implications of Newly Proposed, Passed and Postponed Regulations

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Prohibitions against the sending of commercial faxes were significantly eased and delayed in the last days of June. On June 28th, the U.S. House of Representatives, like the Senate before it, passed the "Junk Fax Prevention Act of 2005" and sent it on to the President for his signature. That signing took place on July 11, 2005. The Act assures that faxes can be sent where there is an "existing business relationship." Also on June 28th, the Federal Communications Commission released an order that delayed again, this time until January 9, 2006, its proposed regulations prohibiting advertising faxes unless the sender has the signed, written consent of the recipient. Until that time, the "express invitation or permission" standard in the law will be maintained. Those who send out many faxes, or even a few, cannot afford to ignore both the new opportunities and limitations, since the recipient's right to sue the sender for up to $1,500 per unlawful fax remains.
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Learning Outcomes
- Interpret the requirements in the law and those in existing and proposed regulations.
- Recognize when there is an "existing business relationship" and how your faxes must be worded in order to fall under the new law's protection.
- Discuss how to avoid the kinds of faxes that can and will get you sued.
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Who Should Order This CD?
- All those who use fax communication as part of doing business, including, but not limited to:
- CEOs
- VPs
- Marketing Managers
- Sales Managers
- E-zine & Newsletter Distributor
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Presenters and Panelists
David Straus
Washington Counsel, American Business Media
Managing Partner, Thompson Coburn LLP
Washington D.C.
David Straus, managing partner of the Washington, D.C., office of Thompson Coburn LLP, a law firm with more than three hundred attorneys headquartered in St. Louis, is an expert on both postal laws and regulations and electric utility regulation. He has been the Postal Counsel for American Business Media for more than a decade. In that role, he represents American Business Media and its members in proceedings before the Postal Rate Commission and on Capitol Hill, and he represents the members' interests in a wide range of dealings with the Postal Service. He also provides legal advice to individual publishers, both members of American Business Media and non-members on postal issues as well as issues related to federal and state laws governing faxes, e-mail and telemarketing. He serves as one of American Business Media's representatives on the Mailers Technical Advisory Committee and as the American Business Media representative on the Periodicals Advisory Group and the Periodicals Operations Advisory Committee. A graduate of Dartmouth College and the University of Pennsylvania Law School, David and his wife Iris live in Alexandria, Virginia.
Nancy Mills
Interactive Communications Publishing
Specialist for Proximity Marketing
Heather Cejovic
VP Client Services
Computer Fulfillment Click Here to Order the CD
CD Only - $199*
*All CD orders will be assessed a $20 Shipping & Handling Fee for CD and Conference Materials.
Questions About this AudioConference CD? Call 1-800-431-7571
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