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May 12, 2008

 

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NAR Secures Stay To Clarify
Do-Not-Fax Rule

 

Real Estate Lawyers.com provides a nationwide listing of real estate lawyers, mortgage brokers and real estate agents to represent you in your commercial or residential real estate transaction needs. Simply type in your zip code to find the right real estate professional near you.

WASHINGTON (August 19, 2003) — In response to petitions for stay filed by the National Association of Realtors® and other associations, the Federal Communications Commission (FCC) took action yesterday in ordering an unprecedented 18-month delay in the implementation of its do-not-fax rule in order to give businesses more time to comply with the rule. The do-not-fax provisions will now take effect on January 1, 2005.

Last month the FCC reversed its long-standing interpretation allowing for an "established business relationship" exception from the pre-existing unsolicited fax rule. The new rule, which was scheduled to take effect August 25, 2003, requires companies to obtain written permission before sending unsolicited faxes even if there is an established business relationship.

NAR and several other groups, including the American Society of Association Executives, National Federation of Independent Business and the U.S. Chamber of Commerce, filed petitions earlier this month requesting the FCC stay the effective date of the new interpretation for one year to clarify how businesses can get written consent and set a realistic timeframe for compliance. The U. S. Small Business Administration also supported the stay.

NAR is supportive of the intended consumer protection and privacy objectives of the FCC's new rule but believes that this new interpretation would interfere with day-to-day business relationships between Realtors and their clients as well as unfairly limit communications between state, local and national associations and their members. NAR continues to work at helping its members comply with the new requirements.

"Over 2 million U.S. homes are in the sales transaction pipeline on any given day. The ability to move promptly and communicate via fax is instrumental to the success of these transactions in highly competitive housing markets. Yet businesses were originally given less than 30 days to amend their current practices and gain new consent from customers and vendors," said NAR President Cathy Whatley, owner of Buck & Buck Inc. in Jacksonville, Fla. "We're glad that the FCC decided to grant our request for a workable stay period. This will ensure minimal disruption to the real estate market and give Realtors® more time to comply with the new fax procedures."

The National Association of Realtors®, "The Voice for Real Estate," is America's largest trade association, representing over 900,000 members involved in all aspects of the residential and commercial real estate industries.

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