Just before the tricks and treats began, the FCC issued an order about another tricky practice—junk faxes.  On October 30, 2014, FCC confirmed that all fax ads must contain an opt-out provision and comply with the rules set out in FCC’s 2006 Junk Fax Order.  There is a six-month window for companies to come into compliance.

The rule requires that faxes sent to recipients that have provided “a prior express invitation or permission to the sender” must include an opt-out notice that is:

• Clear and conspicuous and on the first page of the ad;

• State that the recipient may request that the sender not send any more ads and that the failure to comply, within 30 days, of such request, is unlawful; and

• Contain a domestic contact telephone number and fax number for the recipient to transmit an opt-out request.

Faxes sent pursuant to an on-going business relationship must also meet these requirements. An opt-out will not satisfy the rule unless all three requirements are met.