Originally Posted By: wcampbell
This post was automatically imported from our archived forum.
hey Ya’ll just got this in :
Dear NAR Member:
NAR needs your support for its efforts to obtain an Emergency Stay of a recent rule promulgated by the FCC. Last month, the FCC amended its rules on unsolicited facsimile advertisements. The Telephone Consumer Protection Act (TCPA) of 1991 prohibits unsolicited faxes and requires a person or entity to obtain the prior express invitation or permission from the recipient before transmitting unsolicited fax advertisement.
Since 1992, the FCC had ruled that an established business relationship, such as the one between a trade association and its members, constituted an express invitation or permission to receive an unsolicited fax. Now, however, the FCC has concluded that they had overstepped their interpretive authority and the existing business relationship no longer will be sufficient to show that an individual or business has given their express permission to receive unsolicited faxes advertisements. This express invitation or permission must be in writing and include the recipient?s signature. The FCC has indicated that these new rules would take effect thirty days after they published the formal rule. The rule was published on July 25 and therefore will take effect on August 25, 2003.
This new interpretation creates significant problems for REALTOR? relationships with clients, REALTOR? relationships with businesses, and state, local and national associations relationships with their own members.
NAR has already taken steps to address this inequity. In the first of a two-part action plan, NAR has submitted a Petition to the FCC for an Emergency Stay of the Facsimile Advertisement Rules. NAR will also be filing of a Petition for Reconsideration shortly, which is the formal process for seeking a withdrawal of this new rule and its expressed, written permission provision.
In order to impress upon the FCC the need for the emergency stay, NAR is asking you to let the FCC know that you support our efforts on your behalf. Please click HERE to see a copy of the Petition we filed with the FCC on Friday, Aug 1, 2003. NAR asks that you use the NAR Action Center to write to FCC and let the agency know you support the NAR Petition for an Emergency Stay.
Please click the "Take Action" button below to send a fax to the FCC now!
I believe this will inculde us too.
This Ole House-Home Inspections
William A. Campbell TREC # 6372
Serving the Texas Coastal Bend
(361) 727-0602 (home)
(361) 727-0055 (office)
(361) 229-4103 (cell)