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Form seeks permission to send faxes to CATA members

November 23, 2010
To send a fax after Jan. 1, 2005, businesses-including trade associations-must have written permission from any fax recipients, if the fax content amounts to advertising. A form included in this newsletter seeks that permission from the CATA's membership. Over a 12-month period, the CATA normally sends about a half dozen faxes to its members. Most of the faxes are informational in nature, such as notice of the coming year's DOC fee. Prior express permission is not needed for the transmission of an informational fax. The few CATA transmissions that would be considered "advertising" usually promote the curriculum of CATA Learning University, which offers instruction for various dealership departments. Until Dec. 31, 2004, the Federal Communications Commission indicated that the existence of an established business relationship "will continue to be sufficient to show that an individual or business has given express permission to receive unsolicited facsimile advertisements." Such a relationship exists with: • Persons or entities who have made a purchase or transaction with the fax sender within 18 months immediately preceding the fax transmission; or • Persons or entities who have inquired into or applied for a product or service offered by the fax sender within 3 months immediately preceding the fax transmission. Effective Jan. 1, 2005, the FCC will no longer recognize the "established business relationship" exemption. Instead, the fax recipient's written permission must be secured in advance of transmitting any fax advertisement. Please complete the form in this newsletter and return it to the CATA. Members who intend to conduct advertising by fax should develop a similar form for their audiences. The CATA database does not enable members to be earmarked for informational faxes but not advertising faxes, so if the completed form is not returned, a member would receive no faxes from the CATA after Dec. 31, 2004.