NCGA Conveys Concerns on FCC No-Fax Rule (4-19-04)
In comments submitted
last week to the U.S. House and Senate Committees on Energy and
Commerce, the National Corn Growers Association (NCGA)
voiced the need for changes to the Federal Communications Commission’s
(FCC) proposed No-Fax Rule.
NCGA is concerned the
current No-Fax Rule language will cause turmoil for the country’s nonprofit associations. NCGA CEO Rick Tolman
stated “the new FCC regulations will impact how associations
give and receive critical information.”
Tolman continued, “NCGA along with many other associations
believes that it is necessary to eliminate the abuse of the ‘private
right of action,’ that amending the ‘do not fax’ laws
need to be considered in the current legislative efforts.”
The proposed language
would reinstate the “established business
relationship” which had previously been the basis for fax communications
between membership organizations and businesses and their respective
members and customers. The language would exempt faxes that are sent
to any person who has given prior express invitation or permission;
to any person with whom the sender has previously engaged in a business
transaction or communications, whether for a fee or free of charge;
or by a tax-exempt nonprofit organization.
NCGA also urges Congress
to modify or eliminate the “private
right to action” pertaining to faxes that exists in current
law, which allows individuals to sue in state court up to $1,500
in statutory damages per “unsolicited fax.”
“We understand that dealing with the ‘private right
of action’ is very controversial,” Tolman said. ”The
growing number of abuses warrants an attempt to address this serious
problem.”
The letter and committee listings can be viewed on the NCGA Web
site at: http://www.ncga.com/letters/PDFS/NoFaxRule.pdf.