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Understanding Fax Advertising Laws in the United States
Updated Aug 11th, 2025 - 10 min read
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Table of Contents
What is Fax Advertising? History of Fax Marketing How to Send Fax Marketing with Notifyre Fax Advertising Laws in the United States What is The Junk Fax Prevention Act? Fax Advertising Compliance Checklist Opt-out Notices Types of Fax Marketing Is Fax Marketing Still Effective? Receiving Fax Advertising?
Fax Marketing Guide
This isn’t just any guide, it’s your go-to resource for fax marketing in 2025. Whether you’re new to fax advertising or looking to sharpen your compliance and strategy, we cover everything you need to know about fax broadcasting. From up-to-date fax advertising compliance requirements to practical tips and fax marketing examples, this guide will help you use send bulk faxes as part of your marketing strategy.
What is Fax Advertising?
Fax advertising, also known as fax marketing, involves transmitting promotional messages or advertisements via fax machines to targeted recipients. For example, pharmacies or medical practices might receive fax marketing for newly developed medicines or procedures. Fax marketing can cut through instead of getting lost in the mail or an email inbox. Online fax services such as Notifyre, leverage the direct communication capabilities of fax technology to deliver messages to businesses that own fax machines or use online faxing in their organization.
History of Fax Marketing
Fax marketing traces its roots back to the late 1980’s when fax machines became commonplace in offices and households worldwide. Initially, businesses utilized fax machines primarily for internal communication. However, recognizing the potential to reach a broader audience, marketers began using online fax technology to deliver promotional materials directly to potential customers.
How to Send Fax Marketing with Notifyre
With Notifyre’s pay as you go fax service, launching fax marketing campaigns is easy. Simply upload fax contacts into fax number contact groups and send faxes to up to 40,000+ contacts by adding the group when you send your fax broadcast. Your business can scale fax sending as your fax number list grows in size.
Notifyre offers scheduling so you can plan ahead and send faxes at the best time to reach customers. There are also customization options, allowing users to add personal touches to fax cover sheets, such as First and Last name, and select high-quality fax options (best for images) for an additional charge.
Additionally, users can monitor their campaign's performance in real-time with activity reporting. There is also fax API integration capabilities so you can integrate with your CRM for easy contact management. Whether you're sending a few faxes or a large volume fax, Notifyre provides the ease and flexibility to meet your needs.
Fax Advertising Laws in the United States
The Telephone Consumer Protection Act (TCPA) is the main law that controls fax advertising in the United States. It sets important rules that everyone sending fax ads must follow, including a requirement that every fax ad has a clear opt-out notice so recipients can stop future messages.
The TCPA strictly prohibits sending unsolicited fax ads using any device, whether it’s a traditional fax machine, a computer, or an online fax service. That means you can’t just send ads to any fax number without following the rules.
If you’re a marketer wanting to use fax advertising the right way, it’s essential to understand exactly what you can and can’t do to avoid fines or legal trouble. Keep reading to learn the key rules and steps you must follow to send fax ads legally and protect your business.
The Junk Fax Prevention Act
The Junk Fax Prevention Act, was signed into law on July 9, 2005, and changed the TCPA to allow sending unsolicited fax ads, but only if strict rules are followed. For fax marketers, this means you must have an established business relationship with the recipient, get their fax number legally, include a clear opt-out notice on every ad, and stop sending if they opt out. Breaking these rules can lead to heavy fines.
Fax Advertising Compliance Checklist
1. Established Business Relationship (EBR)
An Established Business Relationship (EBR) refers to a pre-existing relationship established through voluntary interactions. This relationship is typically formed through inquiries, applications, purchases, or transactions related to products or services offered by the sender. Marketers can send fax advertisements to individuals with whom they have an EBR, but recipients should be able to opt out. It's important to note that an EBR must be directly established with the sender and does not apply to its affiliates.
2. Acquiring Fax Numbers For Advertising
When sending fax ads under the Established Business Relationship (EBR) rule, you must build your fax list the right way:
- Get the number directly from the recipient during your business dealings, on a form, in person, over the phone, or from their letterhead.
- Use numbers published by the recipient in a directory, ad, or website, unless they’ve clearly stated “no ads.”
- Use numbers from a third party only after confirming the recipient has agreed to have their number shared for marketing.
Special rule: For EBRs that existed before July 9, 2005, and you already had the fax number, you don’t need to prove how you got it.
3. Notice of Opt-out
Each fax advertisement must include, on its first page and in a clear and conspicuous manner:
- A statement that the recipient may opt out of future unsolicited fax ads
- Both a domestic telephone number and fax number for opt-out requests
- At least one cost-free opt-out mechanism (e.g., toll-free number, email, website link)
- This mechanism must be available 24/7.
Additionally, all faxes, not just unsolicited advertisements, must feature the sender's identification on each transmitted page or on the first page, including the transmission date and time, the registered name of the sending company, and the sender's telephone number or the fax machine's number.
4. Fax Marketing Opt-Out Process
The opt-out system must be available to receive requests 24/7. Advertisers are required to honor opt-out requests promptly, within 30 days of the request. Opt-out requests remain valid indefinitely and do not need renewal. However, giving subsequent permission, whether written or oral, to receive fax advertisements will override a previous opt-out request. The responsibility for complying with opt-out requirements and honoring requests lies with the sender, regardless of whether a third-party handles opt-out requests and contact information is provided in the fax.
5. Consent to Receive Fax Advertisements
If someone complains about your fax marketing, it’s on you to prove you followed the law. That means you must be able to show:
- You had a real business relationship with the person or business you faxed, something like a past purchase, an enquiry, or other genuine contact.
- They gave you their fax number willingly, or you found it in a place where they made it public without saying “no ads.”
If you can’t prove both of these things with records, the FCC will assume you broke the rules.
6. Transactional Faxes
Transactional faxes are allowed because they’re not considered ads, as long as they’re only about a transaction the recipient has already agreed to.
Think things like:
- Receipts or invoices
- Account statements or balances
- Loan paperwork
- Travel itineraries
- Subscription renewal notices
- These are fine to send because they’re just completing or confirming an existing deal.
But here’s the catch:
- If your fax promotes free products or services, even if linked to the transaction, the FCC will treat it as an ad.
- Surveys that lead to a sales pitch also count as advertising and must follow the junk fax rules.
In short, stick to the facts of the transaction, not sales talk.
To learn more about these important rules and how they affect your fax marketing, visit the FCC’s Junk Fax Guide.
Do Fax Advertisements Need Opt-out Notices?
Yes, the FCC states that fax advertisements must include opt-out notices, allowing recipients to request to stop receiving further fax communications from the sender. An example of an opt-out notice for a fax advertisement could be:
"To opt out of receiving future fax advertisements from [Sender Name], please fax your request to [Fax Number] with the subject line 'Opt-Out' or call [Phone Number] and ask to be removed from our fax distribution list. Your request will be processed within [number of business days]."
When using Notifyre's online fax broadcasting service a fax marketing notice can be configured in Notifyre’s custom fax coversheet feature. Once created simply add your coversheet before sending your fax broadcast.
Types of Fax Marketing
Fax marketing comes in various forms, each tailored to achieve specific marketing objectives and resonate with target audiences. These examples of fax advertising should adhere to the laws for fax marketing:
Special Offers: Fax ads may include exclusive discounts, coupons, or limited-time offers to entice recipients.
Promotional Flyers: Businesses can send visually appealing flyers or brochures via fax to promote their products, services, or special offers.
Event Invitations: Fax ads can be utilized to send invitations to events, such as product launches, seminars, conferences, or trade shows.
Exclusive Offers: Fax ads can be used to deliver exclusive discounts, coupons, or limited-time offers directly to recipients' fax machines.
Newsletter Subscriptions: Businesses can use fax marketing to invite recipients to subscribe to newsletters, updates, or promotional emails.
Survey and Feedback Requests: Fax advertising can be employed to solicit feedback from customers or gather data through surveys or questionnaires.
Appointment Reminders: Fax advertising can serve as a convenient way to send appointment reminders to clients or patients.
Is Fax Marketing Still Effective?
Despite the widespread use of digital marketing channels, fax advertising continues to demonstrate effectiveness, particularly in industries such as healthcare and finance. Its direct, tangible nature ensures message delivery and makes it very likely to be read and acknowledged by the intended audience.
How to Stop Receiving Fax Advertising
If you’re receiving unwanted fax advertisements and want to stop them, you’re in the right place. To stop receiving fax advertising in the United States, you can follow these steps:
1. Opt-Out Requests: Contact the sender directly using the contact information provided in the fax advertisement. Request to be removed from their fax distribution list. These opt-out instructions should be included in fax advertisements, specifying a fax number or phone number to call for removal.
2. Register with the National Do Not Call Registry: While primarily focused on telemarketing calls, the National Do Not Call Registry also covers fax advertising. You can register your fax number with the registry online at www.donotcall.gov or by calling 1-888-382-1222. Once registered, organizations are prohibited from sending unsolicited fax advertisements to your registered fax number.
3. Review Fax Marketing Laws: Familiarize yourself with fax marketing laws in the USA, such as the Telephone Consumer Protection Act (TCPA). This law regulates fax advertising and includes provisions for opting out of receiving unsolicited fax advertisements. If you receive unsolicited fax advertisements that violate TCPA regulations, you may pursue legal action.
4. Implement Fax Blocking: Check if your fax machine or fax service provider offers features to block incoming faxes from specific numbers or fax advertisements. Many fax machines have settings to block unwanted faxes or allow you to filter incoming faxes based on sender information.
5. Report Violations: If you continue to receive unsolicited fax advertisements despite opting out or registering with the National Do Not Call Registry, you can report violations to the Federal Communications Commission (FCC). Provide detailed information about the offending fax, including the sender's contact information, the date and time of receipt, and any opt-out requests you've made. You can file a complaint with the FCC online at www.fcc.gov/complaints or by calling 1-888-225-5322.
Fax Advertising, Not Just a Thing of the Past
Fax advertising remains a relevant and effective marketing strategy when executed strategically and in compliance with relevant faxing laws. By taking advantage of the direct communication capabilities of fax, businesses can use the power of fax marketing to engage with their target audience effectively. With online fax service providers like Notifyre offering streamlined solutions for sending fax broadcasts, businesses can easily integrate fax marketing into their marketing strategies, reaching their audience directly and maximizing their fax campaign's impact. Be sure to review our terms and conditions to ensure your fax advertising efforts comply with the necessary regulations.
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