Sending Faxes
Sending Faxes: Best Practices for Researchers
(Last Updated 4/19/2011)
Federal law restricts the sending of commercial, sales, or advertising faxes, as do various state laws. Legitimate survey and opinion research faxes are exempt from much of these laws, but following their precepts will help avoid potential legal action and encourage respondent cooperation.
What the federal Telephone Consumer Protection Act (TCPA) requires
The TCPA forbids any sending of a “telephone facsimile” without clearly marking the date and time it was sent and identifying “the other business, other entity, or individual sending the message” and “the telephone number of the sending machine or of such business other entity, or individual” at the top or bottom of each sent page. “Unsolicited fax advertisements” are not allowed to be sent without either an established business relationship or prior express permission, and any such advertisements must provide and an opt-out notice.
What is an “unsolicited advertisement”?
The TCPA defines it as “any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s prior express invitation or permission, in writing or otherwise.”
Keeping research faxes from being mistaken for advertisements
While legitimate research respondent recruitment faxes do not constitute advertisements, respondents often have trouble making the distinction. Researchers should consult these questions to help avoid such trouble:
(1) Is the communication a clear form of advertising?
(2) Does it refer specifically to a brand name, and if so, does it clearly advocate or discourage the use of that brand?
(3) Is the speech in question a byproduct of a commercial or sales-based motive?
(4) Does the speaker have clear economic motives?
One of the most important deterrents from appearing commercial in nature is the language used in the fax. Subject to the needs of their businesses, researchers should:
- Make sure that incentives are distinguished from unsolicited commercial offers;
- Stay away from language that appears “sales-related”, such as offer, free, cash, bargain, win, promo, reward, or marketing;
- Avoid blanket generic statements, such as “we will give you X amount of $$$”;
- Use words that appear less sales-related, such as “stimulus”, “value”, “thrifty”, and “unique”;
- Consider instead: “You will receive a participant stimulus of $X for your time upon completion”.
Fax Opt Outs: Federal law may not apply, but researchers should follow as a best practice
An internal do not fax list is an essential aspect of respondent cooperation. In implementing one, researchers should consider applying the TCPA’s requirements for fax advertisements:
- The opt out notice must be clear and conspicuous on the first page and include a telephone number, fax number, and cost-free mechanism to opt out of future faxes;
- Allow opt out requests 24 hours a day, 7 days a week; and
- Requests must be honored within 30 days and only expire with the requestor’s express permission.
The information provided in this document is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with private counsel on the precise scope and interpretation of any given laws/legislation and their impact on your particular business.