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Communication Laws and the Steps We Take to Remain Compliant

BLI Messaging takes fax broadcasting, email broadcasting, SMS text messaging and voice broadcasting laws very seriously and provides solutions to help customers remain compliant when sending out communications. Below are links to the latest information on email broadcasting, fax broadcasting and voice broadcasting legislation.

Email Compliance

You must provide an easy to use opt-out feature in all email communications. BLI offers various applications in compliance with the latest email marketing best practices and laws including a confirmed opt-in application for the highest quality email lists and easy to use opt-out feature in Email by WebLaunch™.

The CAN-SPAM Act of 2003, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a web site.

Summary of what the law requires:

• It bans false or misleading header information; From and To lines must be accurate and identify the person who initiated the email
• It prohibits deceptive subject lines
• It requires that your email give recipients an opt-out method; opt-out's must be processed within 10 business days
• It requires that commercial email be identified as an advertisement with the option to opt-out and include the sender's valid physical postal address

Helpful links:

Link to CAN SPAM Act

Fax Broadcasting Compliance

The increasing distribution of “junk” faxes prompted legislation to create the Junk Fax Prevention Act S.714 protecting recipients from receiving unsolicited communications from businesses they have not had an established business relationship (EBR) with.

It is now required by law that you have a 24-hour, toll-free opt-out number on your fax document. If you are not currently using this feature you must start in order to be in compliance with the law. BLI offers a low cost opt-out feature that will allow you to be in compliance.

Updates:

April 5, 2006 - FCC Amends Rules To Implement Junk Fax Prevention Act of 2005 The most recent announcement of the above act included the following amendments to the rules. Links with more details are provided at the end of the bulleted items.

• Fax advertisements can be sent to parties with whom the sender has an established business relationship (EBR) with
• Fax numbers must be obtained directly from the recipient or the recipient voluntarily agreed to make the number available for public distribution
• Definition of EBR (Page 11-12 of Order)
• Sender of faxes must provide clear, conspicuous notice and contact information on the first page of a fax for recipients to “opt-out” from receiving future faxes from sender
• Senders must honor opt-out requests within 30 days
• Small businesses and non-profit associations will not be exempt from these rules
  “Unsolicited advertisement” is clarified (Page 44 of Order)

Helpful links:

FCC Order (PDF)
FCC Press Release, April 2, 2006 "FCC Amends Rules to Implement Junk Fax Prevention Act of
2005"
FCC Consumer and Government Affairs Bureau (CGB)

Voice Broadcasting Compliance

The Telephone Consumer Protection Act (TCPA) http://www.fcc.gov, the Federal Trade Commission http://www.ftc.gov and the Federal Communications Commission http://www.fcc.gov do not call list registry rules http://www.donotcall.gov and various State laws place restrictions on certain types of phone calls.

Typically a call may be exempt from the TCPA if the call:

• Is made on behalf of a non-profit organization.
• Is made to a consumer with whom the calling company has an existing business relationship.
• Business to business contact.
• Does not include an unsolicited advertisement, even if the call is made for commercial purpose.
• Is survey work.
• Recipient provides proper consent prior to playing the "recorded solicitation."

Helpful links:

Latest legislation, by state, for B2B marketers using voice broadcasting

Q&A for Telemarketers and Sellers About the Do Not Call Provisions of The FTC’s Telemarketing Sales Rule

For more information or questions, contact Support at 800-929-1643 or via email support@blimessaging.com.

SMS Text Messaging Compliance

Review legislation and guidelines from the Mobile Marketing Association by clicking here.