How Long Does an EBR Last?
In July of 2003, the federal regulations defining EBR were amended to allow unsolicited faxing only if the EBR was formed by a transaction within 18 months preceding the unsolicited fax or was formed by an inquiry or application regarding products or services within three months preceding the unsolicited fax. However, on October 14, 2003, the provision creating the 18-month and three-month time limitations on EBRs was stayed (temporarily made not effective). Then, legislation introduced in 2004 that would have allowed the FCC to create time limitations on EBRs by regulation, but prohibited the FCC from creating limits shorter than five years. In addition, time limits could only be imposed if the FCC made certain fact findings that justified limiting EBRs and the FCC also would not have been allowed even to begin the fact-finding process to justify time limits until 2007, guaranteeing those who opposed time limits on EBRs at least a three-year period where no time limits would apply. Th
