Firms, Organizations Comply With Do-Not-Fax Rule By JACQUELINE FOX Staff Reporter The Federal Communications Commission may have delayed the so-called “do not fax” law until 2005, but many in the Valley business community are adhering to the regulations now because the extension is open to interpretation, they say. The proposed fax law is a component of new FCC regulations establishing the national do-not-call list and aims to cut down on so-called “junk faxes.” The changes require businesses and associations of all types to obtain written permission to send faxes from the recipients if the faxes pertain to events, products or services that involve fees of any kind. Initially, the law applied to faxes being sent to those with whom the sender already has an established relationship with. Confusion over some of the fine points in the law led to an outpouring of complaints, and the FCC agreed Aug. 19 to extend the effective date to Jan. 1, 2005 from its original date of implementation this month. However, the extension does not cover those recipients with which the sender does not have an established relationship with. But language in the law, many argued, fails to adequately define “established.” “That’s the gray area,” said Wayne Adelstein, president and CEO of the Northridge/Porter Ranch Chamber of Commerce, which sends out anywhere from 1,400 to 2,000 faxes a month to members, plus additional faxes to non-members and community groups. “So we’re just implementing the regulations now because we’re going to have to do it down the line anyway. And, for our new members, we now have a form that asks them for their permission to send faxes, so we clear those members right from the start. And we will do the same if someone calls us for information.” Stiff fines Violators of the new rules face stiff penalties of up to $11,000 per unauthorized fax. “It may have been delayed, but I’m telling everyone I know and work with to send me their agreements right away, because I don’t want any problems down the road,” said publicist Laurie Golden, whose company Jacob’s Well, represents several prominent businesses groups and companies in the Valley, including the Valley Industry and Commerce Association (VICA), Soka University of America, Mike’s Roofing and Chef Robert Catering. Golden said she sends out, on average, about 3,000 faxes each week. “This was terrifying for me,” Golden said. “I actually found out about it from a client. It’s my main business mode and I was just astonished.” Adelstein said his group has received about 80 percent of its permission to fax responses back with permission cleared before the FCC announced the delay. “I’ve been in business 19 years and this would be devastating to me,” said Golden. “I’m a small business owner. I can’t afford those kinds of fines. It could cost me my business, my home of 31 years and everything else.” In the meantime, the new deadlines aim to give more businesses time to comply with the law and, in the meantime, anyone with an interest, to send in written recommendations for a better junk fax fix. “Many of the businesses that are impacted by the rules said they could not meet the date for mailing (or faxing) out permission notices,” said FCC spokeswoman Rosemary Kimball. “So we’ve extended the deadline to allow them more time to do that, and we’ve also given ourselves and others lots of time for anyone who wants to, to file petitions for changes or improvements. Alternatives possible Our goal is not to have consumers paying for unsolicited advertising, but if people can come up with a better way to do that, then they are welcome to.” So far, VICA has not taken a formal position on the fax rules, however, the group will likely play a role in crafting alternatives to the current plan. “As far as VICA is concerned, the restrictions are both good and bad for business,” said Greg Lippe, who is a VICA director and a long-time member of the group’s legislative committee. “And because we see it as both good and bad for businesses, we haven’t taken a position. But we would get involved in putting together some form of recommendations for coming up with a plan that works for both sides of the equation.” John Content, president of the Los Angeles Direct Marketing Association, said most of his group’s roughly 3,200 members support some form of legislation curbing unwanted faxes, but, as is the case with VICA, they, too, often rely on the fax, as well as e-mail to market products and services. “We all in the industry hated all these junk faxes, so something had to be done,” Content said. “But on the other side of the coin, there are legitimate companies out there who use the medium. So this law is a hassle for them and I’m glad they’ve delayed it because it gives all of us time to adjust and make changes or not make any changes. What we are telling all of our members in the meantime is, if they use the fax as a medium, to be responsible direct marketers.” In fact, there is already a law in place for anyone wanting to send a fax that requires an 800 number be posted on the bottom of the page, so that recipients have the option of calling the sender if they want to block the sender. On the bright side, both Golden and Adelstein said being forced to send out “permission to fax notices” gave them information about their clients they’ve long-wanted to get their hands on, and, they say, for the most part, people want to be faxed.