Communication Laws and the Steps We Take to Remain Compliant

Messaging Zone takes fax broadcasting, email broadcasting, SMS text messaging and voice broadcasting laws very seriously and provides solutions to help customers remain compliant when sending out communications. Below is information on email broadcasting, fax broadcasting, voice broadcasting and SMS broadcasting legislation.

Email Compliance

You must provide an easy to use opt-out feature in all email communications. M-Zone offers various applications in compliance with the latest email marketing best practices and laws including a confirmed opt-in application for the highest quality email lists and easy to use opt-out feature in Email by M-Zone.

The CAN-SPAM Act of 2003, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a web site.

Summary of what the law requires:

It bans false or misleading header information; From and To lines must be accurate and identify the person who initiated the email.
It prohibits deceptive subject lines.
It requires that your email give recipients an opt-out method; opt-out's must be processed within 10 business days.
It requires that commercial email be identified as an advertisement with the option to opt-out and include the sender's valid physical postal address.

Fax Broadcasting Compliance

The increasing distribution of “junk” faxes prompted legislation to create the Junk Fax Prevention Act S.714 protecting recipients from receiving unsolicited communications from businesses they have not had an established business relationship (EBR) with.

It is now required by law that you have a 24-hour, toll-free opt-out number on your fax document. If you are not currently using this feature you must start in order to be in compliance with the law. M-Zone offers a no cost opt-out feature that will allow you to be in compliance.

Updates:

April 5, 2006 - FCC Amends Rules To Implement Junk Fax Prevention Act of 2005

The most recent announcement of the above act included the following amendments to the rules. 

Fax advertisements can be sent to parties with whom the sender has an established business relationship (EBR).
Fax numbers must be obtained directly from the recipient or the recipient voluntarily agreed to make the number available for public distribution.
Sender of faxes must provide clear, conspicuous notice and contact information on the first page of a fax for recipients to “opt-out” from receiving future faxes from sender.
Senders must honor opt-out requests within 30 days.
Small businesses and non-profit associations will not be exempt from these rules.


October 30, 2014


Today’s decision eliminates any confusion or erroneous interpretation regarding the 
applicability of FCC rules to all fax ads. The FCC’s rules require that a “facsimile advertisement that is 
sent to a recipient that has provided prior express invitation or permission to the sender  must include an 
opt-out notice that complies with the requirements in [section 64.1200(a)(4)(iii)].”


The rules specify that the opt-out notice contained in fax ads must:


(1) be clear and conspicuous and on the first page of the ad;
(2) state that the recipient may make a request to the sender not to send any future ads and that 
failure to comply, within 30 days, with such a request is unlawful; and,

(3) contain a domestic contact telephone number and fax number for the recipient to transmit an opt-out request.  Fax ads sent pursuant to an established business relationship must also contain this opt-out information.  If neither the required telephone number nor fax number is a toll-free number, a separate cost-free mechanism including a Web site address or email address, must be provided for a recipient to 
transmit a request to opt-out of future faxes. The telephone and fax number and cost-free mechanism identified in the notice must permit an individual or business to make an opt-out request 24 hours a day, seven days a week.

Even if the fax sender places an opt-out notice on its fax ad, it will not comply with the law unless the opt-out notice satisfies each requirement contained in the rule.


Also today, the Commission recognized that a number of parties who have sent fax ads with the recipient’s prior express permission may have reasonably been uncertain about whether the requirement for an opt-out notice applied to such “solicited” faxes, or erroneously believed that this requirement did not apply to such faxes. As such, the Commission granted retroactive waivers of this requirement to these fax senders to provide them with temporary relief from any past obligation to provide opt-out notices to fax recipients as required by FCC rules.  At the same time, the Commission denied several requests for declaratory ruling that sought a ruling that the Commission lacked the statutory authority to require opt-out information on fax ads sent with a consumer’s prior express permission or, alternatively, that section 227(b) of the Communications Act of 1934, as amended (the Act), was not the statutory basis of that requirement.  The Commission also confirmed that such faxes must include a fully compliant opt-out 
notice.​

Voice Broadcasting Compliance

The Telephone Consumer Protection Act (TCPA) http://www.fcc.gov, the Federal Trade Commissionhttp://www.ftc.gov and the Federal Communications Commission http://www.fcc.gov do not call list registry rules http://www.donotcall.gov and various State laws place restrictions on certain types of phone calls.

Typically a call may be exempt from the TCPA if the call:

Is made on behalf of a non-profit organization.
Is made to a consumer with whom the calling company has an existing business relationship.
Business to business contact.
Does not include an unsolicited advertisement, even if the call is made for commercial purpose.
Is survey work.
Recipient provides proper consent prior to playing the "recorded solicitation."

It’s important to emphasize that Messaging Zone is a voice broadcasting service provider only. You as our customer assume all responsibility for the content of your messages and phone lists. Prior to using our voice services make sure you follow all Federal and State calling time rules and or restrictions. 
Messaging Zone is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. This information provided is not intended to replace the responsibility of you, the customer, to check out the legal requirements pertaining to your call campaign prior to using Voice by M-Zone services. You are ultimately responsible for making your own informed decisions regarding your call campaigns.

SMS Text Messaging Compliance

If you are sending marketing messages, it's important to ensure your messages comply with Australian spam rules. The ACMA website  (http://www.acma.gov.au/Industry/Marketers/Anti-Spam) has information for businesses to ensure they comply with the rules, however the two main rules to consider are:

Get permission from your customers before sending messages. This can usually be done when they provide you their mobile number.

Ensure you tell customers how to opt-out of further marketing messages, either by providing a phone number to call, or by sending from a mobile number that can manage SMS replies. SMS Broadcast also provides you a way to manage SMS replies by letting the customer reply to our inbound number.Type your paragraph here.

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