Fax Marketing Compliance Guidelines

This article shares important information and links to government websites that explain the rules you need to follow before sending fax marketing.

When sending marketing or unsolicited faxes it is important to ensure you comply with the applicable legislation in the recipient’s destination country. Below are compiled guidelines for the regions where fax broadcasting is available through Notifyre’s fax service.

Fax Advertising United States
Fax Advertising Australia

Customers are solely responsible for ensuring their fax messages comply with all applicable local laws and regulations, including those of the destination country. Please refer to the Notifyre Fax Service Compliance Statement for detailed guidance.

Fax Advertising in the United States is governed by the following:

📝 Fax Advertising Requirements in the United States

Only send fax ads to people with an established business relationship (EBR).
Make sure the recipient gave you their fax number voluntarily or it’s publicly available.
Include a clear opt-out notice on the first page of every fax ad.
Provide a cost-free way for recipients to opt out (like an, email, website form or toll-free number).
Honor opt-out requests within 30 days.
Keep proof that you followed these rules in case of complaints.

For more information read our guide on fax marketing laws in the United States

Example of a Fax Advertising Opt-Out Notice

If you do not wish to receive any future advertisements or communications from us by fax, please send a written request to:

[Your Company Name]
Fax Opt-Out Department
Fax: [Your Fax Number]
or Email: [Your Email Address]

Please include your fax number and contact information in your request. We will honor your opt-out request within [30] days

Fax Advertising in Australia is governed by the following:

📝 Mandatory Information to Include on Every Fax

To be compliant with fax marketing in Australia each fax advertisement must include the following clearly and legibly, using at least a 10-point font size, on the first page at minimum:

Name of the fax advertiser
Australian Business Number (ABN) or equivalent business ID if a foreign company
Contact details of the fax advertiser, including:
- Telephone or fax number available during normal business hours
- Plus at least one of the following: street address, postal/business address, or email address
The destination fax number intended to receive the fax
Details on how the recipient can opt out, including:
- A clear statement that recipients may opt out of receiving future faxes by sending an opt-out message
- The opt-out address to which opt-out messages can be sent

Example of a Fax Advertising Opt-Out Notice

If you do not wish to receive any future advertisements or communications from us by fax, please send a written request to:

[Your Company Name]
Fax Opt-Out Department
Fax: [Your Fax Number]
or Email: [Your Email Address]

Please include your fax number and contact information in your request. We will honour your opt-out request within 7 business days.

Opt-Out & Consent Requirements

The opt-out address provided must be reasonably likely to receive opt-out messages at all times.
Senders must remove the fax recipient’s number from all Australian fax marketing lists as soon as possible, and no later than 7 days after the opt-out message is received.
A fax recipient is considered to have opted out if they send or communicate an opt-out message to the provided opt-out address.

⏰ Prohibited Times for Sending Fax Advertisements in Australia

Subject to express consent, senders must not send faxes during the following times at the recipient’s usual location:

Weekdays: Before 9:00 AM or after 8:00 PM
Saturdays: Before 9:00 AM or after 5:00 PM
Sundays: No faxes allowed
Public Holidays: No faxes allowed on New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Christmas Day, Boxing Day, or substitute public holidays.

Exception:
If the relevant account holder or their nominee has given prior consent to receive faxes at restricted times or days, and the fax is sent accordingly, this restriction does not apply. The sender may be required to demonstrate this consent to ACMA.

📊 Limits on Fax Frequency in Australia

Senders must make reasonable efforts to ensure no more than 10 faxes authorised by the same advertiser are sent to a particular Australian fax number within any 24-hour period.

Notifyre Fax Service Compliance Statement

Customers using Notifyre’s fax service are responsible for ensuring that all fax messages sent comply with all applicable local laws and regulations, including those of the destination country. Additionally users must follow Notifyre’s Acceptable Use of Service Policy at all times.

When sending any marketing or promotional faxes, customers must adhere to all mandatory content requirements and observe permitted sending times as specified by relevant legislation. This includes providing clear opt-out mechanisms and honouring opt-out requests promptly.

For detailed guidance, please review the applicable laws listed below:

United States

Australia

Please contact us for any further assistance.