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Consent to Fax

As of Jan. 1, 2005, In order for Crex Realty, Inc. to legally send a fax to you, we now need your written consent to do so. Please Click the link below to get a PDF or Word document copy of our consent form. Simply fill it out and fax, deliver, or mail the consent form to us. Consent to fax form, PDF Consent to fax form, Word Document Thank-you for your cooperation! Anyone that has walked up to their fax machine only to find a half dozen or more unsolicited "special offers" or "great deal", will not totally disagree with these new fax laws. Now for the legal Mumbo Jumbo FCC TELEMARKETING AND FAX CONSENT RULES UPDATE The following two documents have been prepared to provide a "heads-up" on recent FCC rulemaking which will have a significant impact on brokers if NAR and other business groups are unsuccessful in delaying and revising the rules. A more detailed explanation will be made sent (August Legal Update) by e-mail next week so that you receive it before the end of the month. NEW FCC REGULATIONS UNSOLICITED FACSIMILE ADVERTISEMENTS The Telephone Consumer Protection Act of 1991 (TCPA)prohibits the use of any telephone facsimile machine, computer or other device to send an unsolicited advertisement to a telephone facsimile machine. An unsolicited advertisement is defined as "any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission." Under current Federal Communications Commission(FCC) regulations, a person or business may transmit unsolicited advertisements if there is established business relationship. However, the FCC's amended facsimile rules-just published July 25 and effective on August 25--require that a person or business must obtain the prior express consent of the fax recipient. This permission must be in writing, clearly state that the recipient consents to receiving faxed advertisements, give the recipient's fax number and include the recipient's signature. It seems completely counterintuitive, but this means that even if a member or consumer calls an agent and asks the agent to fax a document, the agent cannot comply if the document fits the definition of an unsolicited advertisement unless the agent first has the consumer's signed written consent to transmit to the consumer's fax number. There are no exceptions to this rule. The rule applies to all businesses and persons. The FCC fax rule may have the following impacts on REALTORSŪ: Real estate agents may be prohibited from faxing property data sheets to each other without prior written permission. Real estate agents may be prohibited from faxing property data sheets to consumers unless prior permission is granted in listing and buyer representation agreements. NAR, state and local associations will not be allowed to fax to members notices about products or services, or upcoming meetings or conventions for which there is a fee charged unless proper consent has been previously obtained. What is being done (1)On August 1, NAR submitted a Petition to the FCC for an Emergency Stay of the Facsimile Advertisement Rules, asking for a one-year delay in the effective date. NAR will also file a Petition for Reconsideration to ask the FCC to withdraw and reconsider their new interpretation requiring signed consents for unsolicited facsimile advertisements. NAR will also issue a Call for Action asking you to write to the FCC in support of NAR's Petitions. All Wisconsin REALTORSŪ are encouraged to support this effort by your national association. A weekly update on NAR's activities is provided at http://www.realtor.org/vlibrary.nsf/pages/dncupdate. (2) The WRA is evaluating the appropriate actions to take. For example, the WRA may distribute a consent form requesting members to consent to receive fax transmissions from the WRA and the local REALTORŪ boards, associations and multiple listing services. NOTE: Companies should please refrain from sending fax consents to the WRA until requested. (3) If the effective date for these rules is not delayed, REALTORSŪ will need to secure a written consent to fax from their clients, customers and prospects as well as other brokers. Consent to fax language may be incorporated into agency disclosure forms, agency agreements and other documents presently used to secure consent to call parties at their home telephone numbers. A sample Consent to Fax form is below. Written consent to transmit facsimile advertisements may be obtained by direct mail, through Web sites, by direct interaction with customers, via E-mail (see instructions for electronic signature procedure on Consent to Fax form), and by fax (CAUTION: a fax consent form may not be faxed to a person beginning August 25). Once written permission is granted, it generally remains in effect until the fax recipient revokes the consent. See the Federal Resources section on the Telemarketing Solicitation Rules & the No Call List REALTORŪ Resource page at www.wra.org/nocalls for additional information (click on an topic for an expanded list of information). Look for further updates in Legal Update 03.08 and other WRA publications.