If you regularly advertise or send out bulk communications via facsimile machine, be sure you know to whom you’re allowed to send faxes.

Recently, the Federal Communications Commission issued its final rule on the Junk Fax Prevention Act of 2005.  The requirement to have had an Established Business Relationship (EBR) with the recipient still stands, but the clarification issued in October also covered fax numbers obtained on the web, from an advertisement, or in a business directory.

Key to the latest update is determining whether the recipient”voluntarily agreed” to make its fax number available. Generally, senders are in the clear if the fax number is published on the recipient’s official website, placed in an ad or other publication from the recipient, or included in a directory or database in which the recipient appears to have requested or authorize the listing.

The Junk Fax Prevention Act also requires that all facsimile advertisements include an opt-out notice that instructs recipients on howto notify senders that they do not wish to receive future facsimile advertisements.  You can invite recipients to opt out via a website, provided the mechanism is plainly visible on the main page.

For all the details (including petitions made by the Direct Marketing Association and other groups),  consult the full report in the Federal Register (PDF).