Online fax blasts don’t seem to be a thing of the past just yet! Online-based fax marketing services have been in business for quite some time now and it looks like they were able to dodge a bullet.
The US Federal Communications Commission (FCC) has sided with AmeriFactors Financial Group, LLC and ruled that online fax services do not fall under any legal prohibitions against junk faxes, meaning you can send your unwanted advertising material without worrying about being sued or punished by them.
In a sweeping ruling, the FCC has determined that faxes sent to “online fax services” do not qualify as “telephone facsimiles” under TCPA and JFPA. The commission found these messages were being incorrectly classified because they are received by email rather than through regular phone lines; but since this new technology doesn’t transcribe text or images from an electronic signal into paper yet still functions similarly enough for purposes of regulation (i.e., you send something over the internet), then it’s exempt.
