Understanding when you can fax under the Junk Fax Prevention Act through an established business relationship

Let’s anchor this in something you might actually encounter when you’re working with clients in the Tampa Bay area. You’ve got a listing in South Tampa, a buyer sunning themselves in Clearwater, and a vendor sending printouts of new condos to your office. In some corners of real estate marketing, faxes still pop up. If you ever wonder what makes a fax lawful under the Junk Fax Prevention Act, here’s the crisp answer you’re after: you must have an established business relationship to send a fax advertisement.

What does “established business relationship” really mean?

In plain terms, an established business relationship (EBR) is a connection you’ve built through prior communications or transactions with the recipient. The rule isn’t about a one-off hello; it’s about ongoing business interactions that indicate a legitimate business purpose.

• If the recipient has asked about your services or properties in the recent past, that’s a sign of an EBR.

• If the recipient has done business with you in the recent past, that also counts.

• The timeframe you’ll often see cited is within the last 18 months. If there’s a conversation or transaction in that window, you’ve generally got an EBR for the purpose of sending advertising faxes.

This provision is meant to keep the door open for business-to-business communication while still shielding people from unsolicited, head-spinning campaigns. For someone working in Tampa real estate, that means you can reach out to folks who’ve already shown interest or conducted business with you, without needing to obtain express written consent for every single fax.

The other options—why they aren’t the sole keys

You’ll sometimes hear questions like, “But what about consent or a written agreement?” Here’s the quick breakdown:

• Confirmed consent (or prior written agreement) is a perfectly valid basis for sending faxes. It’s just not strictly necessary if you have an established business relationship.

• A written agreement can justify sending related materials, but again, it’s not a prerequisite when an EBR exists.

• “None of the above” isn’t correct. The established business relationship is the hallmark the rule emphasizes.

So, in short: EBR is the main condition. Consent or a written contract can also work, but they aren’t required if you’ve already got an ongoing business relationship.

Why this matters for Tampa agents and brokers

The Tampa Bay market is busy, fast-moving, and full of opportunities. Agents often juggle listings, buyer inquiries, closing coordination, and marketing campaigns all at once. Faxes may feel a tad old-school, but they still pop up in some offices, especially when an agent is following up on a specific inquiry or revisiting a property with a distinctive appeal.

• It’s about relevance. If a buyer asked about a condo in Hyde Park last month, sending a fax about a new unit that matches their interest leverages an existing relationship.

• It’s about risk management. Pushing mass unsolicited faxes to people who never asked about your services can land you on the wrong side of federal rules and disappoint your clients.

• It’s about professionalism. When you do fax, you’re signaling you’re attentive to a client’s preferences and history, not blasting out generic messages to random numbers.

A simple real-world scenario in the Tampa area

Let me explain with a practical example. Suppose you’re a Tampa broker who previously helped a client with a home purchase in Ybor City. That client called last month asking for pricing on townhomes in Hyde Park. If you now send a fax with a fresh slate of townhome listings in that same area, you’re fairly operating under an established business relationship. The recipient has an inquiry history with you within the past 18 months, so the fax aligns with the JFP Act framework.

Now imagine you’re sending the same fax to a contact you’ve never spoken with—no inquiry, no prior transaction. That wouldn’t be justified under an EBR and could be risky, even if your intent is friendly and helpful. The line between helpful outreach and unsolicited marketing can be thin, especially when a fax comes from a crowded office and lands in a busy inbox or on a busy desk.

A practical mindset for Tampa teams

• Keep solid records. In your CRM, note when a client asked about a property or when you closed a deal. The date matters for the 18-month window.

• Tie your messages to the relationship. The content should reflect the client’s stated interests or past transactions, not a generic “here are our latest listings” blitz.

• Be mindful of volume. Even within an EBR, consider how often you fax and whether the information is timely and relevant.

• Respect preferences. If a client has indicated they don’t want fax communications, or if you can’t clearly prove an EBR, pause and choose another channel.

A few quick best-practice ideas you can use

• Build a clean, searchable log of inquiries. If a client asked about a certain neighborhood or property type, tag that so you can pull relevant faxes quickly within the 18-month window.

• Align content with the relationship. A fax about a new listing in Davis Islands makes more sense if you know the client asked about similar properties.

• Use clear identifiers on the fax. Include your company name, your contact person, and a straightforward property focus so recipients know who is reaching out and why.

• Offer a courtesy to stop future faxes. You’ll want to make it easy for recipients to tell you if they’d prefer to stop receiving certain communications; it helps keep trust and reduces potential friction.

A Tampa-specific angle: the local vibe and why it matters

Tampa is a market of neighborhoods—Hyde Park, Davis Islands, Westchase, South Tampa, and beyond. Each pocket has its own character, price point, and buyer profile. When you’re making marketing decisions that involve faxes, you don’t want to go broad and generic. You want to tune your messages to the person you’ve already connected with. That’s where the EBR concept shines: it’s about a targeted, respectful way to keep clients in the loop when there’s a known interest.

If you’re ever unsure, err on the side of caution and double-check the relationship history. The point isn’t to win some theoretical debate; it’s to keep your business practices clean, compliant, and trusted by clients who are counting on you to steer them through the Tampa market with integrity.

A closing thought: stay grounded in the human side of the rules

The Junk Fax Prevention Act exists because communication technology evolves, but people’s comfort with unsolicited outreach doesn’t. As you navigate licensing topics and the legal landscape in Florida real estate, remember that the core idea is simple: if there’s a real, documented business connection, you can reach out in a way that respects that bond. If not, pause, reconsider, and choose a channel that matches the recipient’s expectations.

If you’re part of a Tampa office that still uses faxes as part of its outreach toolkit, keeping this EBR framework in mind helps you stay compliant without losing the personal touch that makes real estate in this region so engaging. And if you ever find yourself unsure, a quick check-in with a compliance resource or a quick review of your CRM notes can spare you a lot of trouble down the line.

In the end, the right approach isn’t about chasing every rule to the letter; it’s about building relationships that matter and communicating in a way that respects the people you’re trying to serve. In Tampa, that balance—between informed marketing and careful compliance—helps you move listings, close deals, and keep your reputation solid as the market continues to evolve.