Is Fax Broadcast Legal? Yes, But There Are Restrictions

Done right, fax broadcasting can be a powerful marketing and communication tool. Here are some reasons why:

• Guaranteed delivery and high open rates: Unlike emails that can get lost in spam folders or unread, faxes are delivered directly to the recipient’s machine.
• To reach specific audiences: Fax is still widely used by older demographics and individuals in industries like healthcare and finance.
• Legal notices and document delivery: Fax is still a valid and accepted method for sending legal documents, contracts, or other important notifications.

For certain use cases, fax broadcasting is a more reliable way to get the message out, but you need to know how to do it legally.

Fax is highly regulated, and fines for “junk fax” are hefty — this is not like email where you can just fire away.

Mass fax broadcast: Traditional vs cloud

Before the internet, faxing was one of the quickest and most reliable ways to get information to someone. Businesses faxed notices, forms, and sensitive communication because it was almost instant transmission.

But they couldn’t do it at scale. Each fax machine was connected to a landline and a dial-up modem. The sender had to manually enter the recipient’s fax numbers or use a pre-programmed list and transmit the document page by page. This process was time-consuming, prone to errors like busy lines and transmission failures, and lacked features like scheduling, tracking, or detailed reporting.

Today, businesses can broadcast fax over the internet, from a cell phone, anytime, anywhere — all that’s required is a stable internet connection. They simply select recipients from a contact list or upload a list, send or schedule faxes, and they’re done.

The new approach is much more convenient, and cloud-based faxing integrates with tools like CRMs and comes with built-in tracking and compliance tools. After optimizing fax processes in the cloud, costs go down. Internet communication is generally cheaper than sending faxes over phone lines, especially for fax broadcasts.

Fax broadcast is legal — junk fax is not

To use this powerful tool legally, you need to know the difference between “junk fax” and legal faxes. Sending unsolicited or unwanted faxes is illegal and can land you in hot water.

Regulations like the Telephone Consumer Protection Act (TCPA), Junk Fax Prevention Act of 2005, and Can-Spam Act of 2003 — some of the same regulations that govern email usage —  outline how to use fax legally.

There’s a lot to cover in each act, so we’ll just outline the most important points to follow:

• Obtain verifiable written consent: Get explicit opt-in permission before sending any marketing faxes. This means a paper form signed by the recipient, an email confirmation with a clear opt-in link, or another verifiable method.
• Be transparent: Clearly state your name, address, phone number, and the purpose of the fax in the transmission header. Don’t use misleading subject lines or content to trick recipients into reading your fax.
• Offer a clear and easy opt-out: Include a prominent opt-out option in every fax, explaining how to unsubscribe from future messages. Make sure it’s easy to understand and execute through a phone number, website link, or reply email.
• Maintain accurate do-not-fax lists: Regularly scrub your list against industry-standard do-not-fax registries and remove anyone who opts out promptly.
• Keep detailed records: Maintain a record of each fax broadcast, including the content, recipient list, opt-in documentation, and delivery confirmation. These records can be lifesavers if you ever face legal challenges.

Regulations can evolve, so stay updated on the latest Federal Communications Commission (FCC) requirements to protect your business.

Types of fax broadcasting services

Now that you understand the legal framework, let’s explore your two options for sending faxes en masse: using a dedicated broadcasting system or using your VoIP’s integrated services.

Dedicated fax broadcasting systems

Most good online fax services support fax broadcasting and come with valuable supporting features such as document management, scheduling, tracking, and compliance tools. Buying one of these might be a good option if you’re happy with your tech setup but need a better way to send faxes.

Dedicated fax systems offer specialized features, such as:

• Advanced targeting and personalization.
• Opt-out management.
• Do-Not-Fax list integration.
• Detailed transmission logs.

These features keep fax broadcasting compliant with relevant law, and are essential to businesses with increased regulatory burden, such as healthcare or legal services. Additionally, the dedicated infrastructure can handle large volumes to make sure your faxes get to their destinations on time.

VoIP phone services for fax broadcasting

Many but not all VoIP phone services allow you to send faxes, and they often lack the features and functionalities of dedicated fax broadcasting systems. This might make it hard to send faxes en masse or keep compliant with fax regulations.

Sending faxes over VoIP is possible, but it’s not reliable. Typically, VoIP providers offer faxing as an add-on service because it is literally a different service running on separate infrastructure.

If you’re already using VoIP, check if your provider offers an integrated fax service. RingCentral, for example, includes fax in its Advanced and Ultra plans, so no separate subscription is needed. It also has a stand-alone fax plan that supports up to 3,000 faxes per user per month.

Another option is Nextiva, which offers an online fax solution called vFax. This standalone app enables you to send and receive faxes through your computer or connect to a fax machine.

SEE: Our Nextiva review, RingCentral review, and Nextiva vs RingCentral comparison to learn more. 

Which fax setup is right for you? If you only occasionally send faxes or send out low-volume campaigns, a simple VoIP solution might be enough. However, a dedicated fax broadcasting service is the clear winner for high-volume, targeted campaigns with compliance requirements.

Do your research on industry compliance requirements and crunch the costs to determine which is best.