You might think that sending out a mass faxing (aka a fax blast) would be a good use of your business' marketing funds. Probably not. I say this partly because most people detest them and mostly because, under most situations, they are illegal.

Why not send faxes? Well, first, there's the cost to the consumer. Each time a person gets a fax, if they are using a typical fax machine, it costs them money for paper and ink/toner which adds up over time. It also takes time for employees to peruse the material and determine if it's valuable business correspondence or not. The old "just delete it" defense doesn't hold up because my time and/or money is involved. You can lose customers by angering them.

More directly, it's illegal in most circumstances in most states. The Federal TCP Act prohibits junk faxes if you have no prior business relationship (unless faxed by a non-profit or political candidate, and don't get me started on "what makes THEM so special?"). California SB 833 (Bowen, 2005) even disallows for an existing business relationship, requiring express permission (http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0801-0850/sb_833_bill_20...) but is only applicable when the advertiser (not necessarily the faxer) and the recipient are in CA.

What brings this up is a fax blast I got today for a job faire. It was illegal for 2 reasons; first, it did not contain an obvious statement of how to opt-out (not that I ever opted-in in the first place) with a toll free number. Second, they did not ask my permission first (and they were a commercial entity).

"All unsolicited commercial faxes must now include an opt-out provision on the first page of the fax, providing a cost-free, 24-hour means for the recipient to request to be removed from the fax distribution list. Also, all fax numbers can now only be obtained either directly from the recipient or from a public source to which the recipient gave the number for publication (i.e., a Web site, advertisement or directory)." (as per semasan.com)

Web sites that this faxer should have referred to before their fax blast:

http://www.junkfax.org/fax/basic_info/basics.html
http://www.dmaresponsibility.org/FaxAlert/
http://www.loeb.com/californiaenactsunsolicitedfaxbill/

Being a major fan of the First Amendment, the right to free speech comes to mind in looking at this issue, as well as email spam and telemarketing calls, philosophically. Here's an excellent quote from a well written site with a LOT of info on this subject (http://www.junkfax.org/fax/basic_info/junk_fax_qa.htm):

Your right of free speech stops at my mailbox. The constitution does not give you the right to electronically barge your way (uninvited) into my home, demand the use of my equipment and ink and paper supplies to present your message, shifting all your selling costs to me without my permission or request.

Can you imagine a whole new class of "door-to-door" salesmen who knocked on your door, entered your house uninvited, demanded the use of your possessions, showed their product and then claimed that you had no right to stop them because it would violate their right of free speech?

What to use then? Newspaper, TV/cable/radio, internet (your own web site plus search engines - Google Adwords, e.g.), bus, sign, & billboard advertising do not intrude. I can look or not look. Your Free Speech Rights are preserved. Even mail inserts and junk mail, arguably, enable you to get your message to your intended audience, arguably without costing them time and money. BTW, throwing a rock on my front lawn with your ad attached or canvassing my neighborhood and leaving junk on my porch is probably illegal under litter laws. I'm sure you can be more creative.