Under the Junk Fax Prevention Act, you must have what to send a fax?

To send a fax under the Junk Fax Prevention Act, having an established business relationship is crucial. This means that if both the sender and the recipient have had communications or dealings that have led to a relationship in business, the sender can send fax advertisements without violating the regulations set by the Act.

An established business relationship implies that the recipient has made inquiries about the sender’s goods or services in a relevant time frame, or they have a previous transaction that occurred within the last 18 months. This provision allows for a certain level of communication between the businesses without the need for explicit consent for each individual fax, which is intended to facilitate business operations while still offering some protection against unsolicited faxes.

In contrast, confirmed consent or a written agreement, while they can be used to justify sending a fax, are not necessary if there is already a pre-existing business relationship. Therefore, having that established relationship sufficiently supports the sender's ability to comply with the Junk Fax Prevention Act requirements.