Congress created two laws that companies must follow when using fax and/or email to contact or advertise to your customers. These are the Junk Fax Protection Act (JFPA) and the CAN-SPAM Act. Respectively, these are also typically referred to as the Do Not Fax and Do Not Email rules, and together generally require the following:
- You may not send a faxed advertisement to anyone, unless the company has an established business relationship or has received the recipient's prior consent to receive faxed advertisements from the company.
- You may send email messages to anyone, except persons who tell you to stop. However, some email messages must disclose certain information such as accurate routing information and accurate information in the from line. In other words, your email must show that it is from the company.
The company may be liable for a civil penalty of $11,000 per violation. That is, the company is potentially liable for $11,000 per faxed or emailed advertisement that you send. Therefore, it is important to comply with the Do Not Fax and the Do Not Email rules.
Implementation Steps in this Guide
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Edit and Distribute the Federal Do Not Fax and Do Not Email Rules Policy
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Distribute the Federal Do Not Fax and Do Not Email Rules Assessment
Edit and Distribute the Federal Do Not Fax and Do Not Email Rules Policy
Review and edit the policy
- Click on the Library tab
- Search for "Federal Do Not Fax and Do Not Email Rules Policy" and click on it
- Click on the Edit button to view the list of versions
- Click Create Draft to the right of the latest published version
- Click Edit next to the Draft version that you just created
- Make desired changes to the policy
- Click Publish to finish editing the policy
Schedule the activity for distribution
- Click on the Workspaces tab
- Click on the Consumer Finance workspace
- Click on the Federal Do Not Fax and Do Not Email Rules initiative
- Click on the Federal Do Not Fax and Do Not Email Rules Policy
- Click on Groups and assign to the appropriate groups, such as management, controller, sales, finance and insurance, business development, service advisors, call center and anyone who uses email or fax to communicate with the public.
- Click on Schedule and set an annual schedule based on the Hire Date.
- Click Save
Distribute the Federal Do Not Fax and Do Not Email Rules Assessment
- Click on the Workspaces tab
- Click on the Consumer Finance workspace
- Click on the Federal Do Not Fax and Do Not Email Rules initiative
- Click on the Federal Do Not Fax and Do Not Email Rules Assessment
- Click on Groups and assign to the appropriate groups, such as management, controller, sales, finance and insurance, business development, service advisors, call center and anyone who uses email or fax to communicate with the public.
- Click on Schedule and set an annual schedule based on the Hire Date. We recommend that you set the Immediate Distribution option to Yes.
- Click Save
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