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MBAA and NAMB Ask For More Time on "Do Not Fax" Rule

FCC rule to take effect Aug. 25

August 13, 2003

By MortgageDaily.com staff

The "Do not fax" rule enacted by the Federal Communications Commission (FCC) may affect a broker's ability to fax rate information, according to the Mortgage Bankers Association of America (MBA).

The rule, which goes into effect August 25, will require faxers to obtain prior written permission before transmitting "any material advertising the commercial availability or quality of any property, goods or services...," according to the Federal Register for July 25.

MBA and the National Association of Mortgage Brokers joined in a petition for an emergency stay in implementing the rule. As members in a group called "Business Users Coalition," the two associations asked for a stay of six months from the FCC.

At issue is the commission's revision of the "established business relationship" constituting an express invitation or permission.

The Business Users Coalition says that this revision will cause problems with industries that rely on that type of communication.

"It is no exaggeration to say that the commission's surprising abandonment of the EBR exception caught all aspects of industry, from large to small businesses, off-guard," the group said in its petition.

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