Groups Fight Do-Not-Fax Rules

Fearing that nonprofit organizations’ fund-raising efforts may be hurt by the government’s desire to rein in businesses that send mass faxes, some groups say they will fight new federal regulations designed to eliminate so-called junk faxes.

Two umbrella groups in Washington — Independent Sector, a coalition of nonprofit groups, foundations and corporations, and the American Society of Association Executives, an organization that represents managers of nonprofit groups and trade associations — say they will lobby the government to overturn a decision made last month by the Federal Communications Commission to prohibit the sending of faxes that advertise goods or services to recipients who haven’t specifically asked for them.

The new regulation, scheduled to go into effect August 25, would affect nonprofit institutions, for-profit businesses, and individuals, and calls for fines of $500 to $11,000 for sending faxes without getting written permission from those who receive them.

The commission adopted the changes as it revised rules governing enforcement of a 1991 telephone consumer-protection law. It said it had received a flood of complaints from the public about telemarketing calls and unwanted faxes.

Under the old rules, organizations could send faxes for an unlimited time to those with whom the group has had a business relationship. As of August 25, organizations can only send faxes to such people for 18 months.

Representatives of some nonprofit groups say they fear they will now face increased costs, because they will have to check with each person on their fax-distribution lists every 18 months, said Patricia Read, vice president for public affairs at Independent Sector.

While faxed membership-dues notices and announcements regarding seminars and conferences are subject to the new regulations, advocacy newsletters will not be affected by the law change. It is unclear whether charitable solicitations are included under the new regulations.

The American Society of Association Executives has asked the commission to clarify what is covered by the changes, says Jim Clarke, the group’s senior vice president for public policy. The group has also started a petition drive to ask the commission to reconsider whether the changes in the rules should apply to nonprofit organizations.

Details on the rule change can be found at http://www.access.gpo.gov/su_docs/fedreg/a030725c.html.