[Editor's note: As of July, 29, 2005 Congress and the FCC have acted in our favor. Read about it here.]

Despite the fact that PIA is petitioning the FCC/FTC to make further changes on this rule and we’re pressing Congress for a legislative fix, PIA members should be preparing themselves for the Federal Communications Commission's (FCC) fax regulations set to take effect on July 1. This, while simultaneously asking the FCC to postpone the effective date, so Congress can act with a common sense compromise before the end of the year.

The FCC’s regulations would prohibit sending unsolicited, advertising faxes to anyone (clients, prospects, etc.) without obtaining written permission to do so in advance, even if an ongoing, existing business relationship with that individual or business exists. Even faxes that solicit a product as an aside would be prohibited.

PIA supports legislation the Senate is currently considering, S. 714 that will amend current law to allow faxing of unsolicited advertisements when the sender has an existing business relationship with the recipient and the solicitation contains a rather specific notification, including an opt-out of future advertising faxes.

While the FCC’s more restrictive regulations are set to take effect on July 1, legislation is likely to take a bit longer. That is why PIA members should take three actions at this time:

First, prepare your agency just in case the FCC’s regulations do take effect on July 1 as is currently the case. That could simply mean not sending unsolicited advertisements via fax after July 1, presumably anticipating Congressional action later this year. If this is not an option, you can comply with the FCC regulations by obtaining written permission to send unsolicited advertisements via fax. To learn more about this and to obtain a Sample Communication Consent Form, please read PIA National’s January 11, 2005 article.

Second, contact the FCC requesting that they grant a six-month extension to their regulations so that Congress will have until the end of the year to pass corrective legislation. We’ve already composed a message that you can send easily right from your computer. Send this message now.

Last, contact your Members of Congress and let them know that insurance agents must be allowed to contact their clients via fax and that S. 714 is a good and necessary bill. Send this message now.

June 22, 2005