FCC Extends the Effective Date of Fax Advertising Rules Until January 1, 2005

September 10, 2003 Advisory

The Federal Communications Commission ("FCC") has delayed until January 1, 2005 the effective date of its new rule that requires the sender of an unsolicited fax "advertisement" to have the prior written consent of the recipient. The new rule, which amends the FCC's telemarketing and facsimile advertising rules pursuant to the Telephone Consumer Protection Act of 1991 ("TCPA") and was scheduled to take effect on August 25, 2003, affects tax-exempt organizations and trade associations, among many others, because of the breadth of the definition of "unsolicited advertisements."