Complying with State and Federal Fax Laws

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Legislation governing unsolicited facsimile advertisements were signed into law both in New Jersey and in Washington, D.C. New Jersey's fax law was signed on June 29, 2005 and took effect on December 1, 2005. The federal fax law, known as the Junk Fax Prevention Act, was signed into law on July 9, 2005 and took effect immediately.

In general, the cover sheet or first page of all such unsolicited advertisements sent via fax must contain the following notices. Visit the state fax law webpage and federal fax law webpage for the specific requirements under each law.

• Disclosure to the recipient that he/she may request that the sender not send any future unsolicited advertisements to the recipient's fax machine.
• The domestic address, telephone number and fax machine number where a recipient can send an opt-out request.
• A statement that failure to comply with such a request within the shortest reasonable time is unlawful.
• A cost-free mechanism for a recipient to send an opt-out request.
• Notice that the recipient may make such a request at any time on any day of the week.

Further, senders must still follow the Federal Communications Commission (FCC) rules requiring all fax messages to display at the top or bottom of each page transmitted or on the first page of the transmission the date and time that the message is sent, as well as the identification of the business entity or individual sending the message and the telephone number of the machine sending the message or of the business entity or individual sending the message.