The Lack of FCC Guidance Regarding Job Offers Via Fax or Email

Summary

What guidance can the FCC provide as to the legality of faxing resumes by a third party on behalf of individual job applicants?

Commentary

A company has sought a declaratory ruling from the FCC regarding the legality of resumes faxed by a third party on behalf of individual job applicants to “help wanted” postings that requested faxed resumes. C.G. Docket No. 02-278.

There is little guidance from the FCC or court decisions regarding prerecorded and live telephone calls, faxes, texts or e-mails regarding “help wanted” ads or employment offers.  It is without question that if a fee is charged to apply for a job, telephone calls, texts, and faxes would be regulated as telephone solicitations, but if no fee is charged, the transmissions likely are not telephone solicitations subject to the more restrictive TCPA rules.

Note, however, that the TCPA’s rules preventing calls to cell phones without the prior express consent of the recipients (also applicable to texts) apply to all prerecorded or predictive dialed communications, regardless of whether they are telephone solicitations, or not. 

Please contact me if you would like an opinion regarding a specific type of transmission related to employment offers.

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