A Legal Guide to PRIVACY AND DATA SECURITY 2024

Deceptive Mail Prevention and Enforcement Act (DMPEA)

Junk Fax Prevention Act (JFPA) In addition to regulations governing direct mailings, the TCPA, as amended by the Junk Fax Prevention Act , prohibits most unsolicited fax advertisements. The Junk Fax Prevention Act prohibits sending unsolicited advertisements to any fax machine, whether at a residence or business, without the recipient’s prior express permission. Liability for a violation of the law applies to the company whose advertisement is sent, even if the sender is a third-party fax broadcaster. An exception in the Junk Fax Prevention Act allows a person to send a fax to a recipient with whom the sender has an existing business relationship, so long as the recipient volunteered its fax number. Senders must honor requests from recipients to opt-out of receiving unwanted faxes. Placing oneself on a do-not-call list does not prevent fax solicitations. Fax machine numbers may however be separately registered.

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