Catalog / Sends faxes / LXD-5164

Sends faxes, in the United States

Telephone Consumer Protection Act, Unsolicited Advertisements by Faxsince 5 lines

47 U.S.C. 227(b)(1)(C), (b)(2)(D)-(E); 47 CFR 64.1200(a)(4) · Read the law's page

  • Do not use a fax machine, computer or other device to send an advertisement to a fax machine unless the recipient gave prior express invitation or permission in writing or otherwise, or you have an established business relationship with the recipient formed by a voluntary two-way inquiry, application, purchase or transaction that neither party has ended.
  • To rely on an established business relationship, take the recipient's fax number from the recipient's own voluntary communication within that relationship, or from a directory, advertisement or Internet site on which the recipient voluntarily agreed to make the number available for public distribution, and verify that the recipient agreed to public distribution where the number came from any other source.
  • Put a clear and conspicuous notice on the first page of every unsolicited fax advertisement stating that the recipient may ask you not to send future fax advertisements and that failure to comply with the request within 30 days is unlawful, setting out what a valid request must contain, and giving a domestic telephone number and fax number plus, if neither is toll-free, a cost-free web address or email address, all able to take a request at any hour of any day.
  • Honor a request not to send future fax advertisements within the shortest reasonable time, not to exceed 30 days, and stop relying on an established business relationship with that recipient once the request is made, including where another party holds the request records.
  • If you transmit fax advertisements for others for a fee, take steps to prevent transmissions you are highly involved in or have actual notice are unlawful.
Driver's Privacy Protection Actsince 6 lines

18 U.S.C. 2721 to 2725 · Read the law's page

  • Do not knowingly obtain or disclose personal information from a motor vehicle record (a record of a motor vehicle operator's permit, title, registration or identification card issued by a department of motor vehicles) for any use the Act does not permit, and do not make a false representation to obtain it. Personal information does not include information on vehicular accidents, driving violations, and driver's status.
  • Use such information only for a purpose section 2721(b) lists, for example use by a government agency, safety, recall and theft matters, verifying the accuracy of information an individual gave your business (and, if it is wrong, getting the correct information only to prevent fraud, pursue legal remedies or recover a debt or security interest against the individual), court and arbitral proceedings, research and statistical reports (so long as the information is not published, redisclosed or used to contact individuals), or a use for which you hold the individual's written consent.
  • If you are an insurer, an insurance support organization or a self-insured entity (or its agent, employee or contractor), you may use personal information from a motor vehicle record in connection with claims investigation activities, antifraud activities, rating or underwriting under section 2721(b)(6), and for any other purpose only if another paragraph of section 2721(b) permits it.
  • Do not use personal information from a motor vehicle record for bulk distribution for surveys, marketing or solicitations unless the State has obtained the express consent of the person to whom the information pertains (section 2721(b)(12)); express consent means consent in writing, including consent conveyed electronically that bears an electronic signature, and a recipient under section 2721(b)(12) may resell or redisclose the information only under that paragraph.
  • If you resell or redisclose such information, do so only for a use section 2721(b) permits (but not for uses under section 2721(b)(11) or (12)), unless you obtained it under section 2721(b)(11), in which case you may resell or redisclose it for any purpose, or under section 2721(b)(12), in which case only as that paragraph permits; keep for 5 years records identifying each person or entity that receives it and the permitted purpose (a recipient under section 2721(b)(11) is exempt from that duty), and make the records available to the motor vehicle department on request.
  • If you are a State department of motor vehicles, or an officer, employee or contractor of one, do not knowingly disclose or make available personal information obtained in connection with a motor vehicle record except as section 2721(b) permits, and do not disclose highly restricted personal information (a photograph or image, social security number, or medical or disability information) without the individual's express consent in writing, except for the uses in section 2721(b)(1), (4), (6) and (9).when it serves a public body
FTC Rule on Impersonation of Government and Businessessince 3 lines

16 CFR Part 461 · Read the law's page

  • Do not materially and falsely pose, directly or by implication, as a government entity or an officer, executive, official, employee or agent of one, in or affecting commerce.
  • Do not materially and falsely pose, directly or by implication, as a business, including a not-for-profit entity, or as an officer, executive, official, employee or agent of one, in or affecting commerce.
  • Do not materially misrepresent, directly or by implication, your affiliation with a government entity or a business or an officer of either, including endorsement or sponsorship by it, in or affecting commerce.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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