ABM said at issue is the Federal Communications Commission's position that it is permissible to fax where there is an "established business relationship," which would permit the faxing of subscription renewal requests and trade show information to existing customers. However, the law appears not to agree with the FCC's position, nor have several state courts that have addressed the issue.
"As a result, while the FCC continues to say that the faxes are OK, you are getting sued for sending them," said David Straus, ABM's Washington counsel.
ABM said it will work with a group called the Fax-Ban Coalition to seek legislative relief in getting the "established business relationship" exception into the law. It said there is bipartisan support for changes that would permit businesses to fax their own customers and that legislation is currently being written limited to that issue.