However, simply "getting" their fax number is not permission.

Let me try to explain in an example.
Lets assume My "made up company" sells phone systems to direct sales companies and your name came up on a list........

I call you direct and ask you for your fax number.
You give me the number.
I then fax you something that states
""WOULD YOU SPEND $10 A DAY TO SELL AN EXTRA 8, $150 Pen orders A DAY... GUARANTEED?"
If so....Fill in and Fax back the Form below!"



Would you feel that you gave me consent to send the ad?


If I phoned you and got permission to send the ADVERT., wouldn't it be safe to assume that The whole step of sending the first TEASER fax would be a wasted?

The way it was written makes me use a bit of logic to determine that actual permission had not been granted.

Woody, Lets pretend you use this method to get advertisers on your mug deal......
You call "Eds Towing"
Your mission is to get permission to send a fax to him about the program.

"You Hi Ed, This is Woody and I would love to fax you something about this new program that I feel will help your businesss, Blah, Blah, Blaaaaaaaa.
I just wanted to get your permission so I was in comp. with the State and Fed. Junk Fax laws."

He agrees, so you send a fax..............
"WOULD YOU SPEND $10 A DAY TO SELL AN EXTRA 8, $100 A week... GUARANTEED?"
If so....Fill in and Fax back the Form below!

You see, it just doesn't make sense to send the TEASER if you have permission to send the fax in the first place.

Furthermore, If they fill in the back of the form and contact for the more info, you wouldn't need their permission at this point as they are requesting the info.

Further--Furthermore, If anyone thinks they are going to get a greater than 50% response to that peice, They are simply off their rocker.

I would like to end with this statement.......
Yes, it is true that if you get permission for the first fax, then yes, you would be compliant.
Jason