Thursday, September 29, 2022

Thursday, August 19, 2021

Is a Fax an Email? FCC Says Yes, Junk Fax Rules Don't Apply

  • The FCC Declatory Ruling Says Yes, but that's not always the case. 

Right before the COVID outbreak, over the 2019-2020 holiday season, something profound happened, but it went below the radar. Declaratory Ruling DA-19-1247 says faxes are emails and thus Junk Fax rules are moot. 

Here's the FCC Description of the Declaratory Ruling  DA-19-1247

"By this declaratory ruling, we make clear that an online fax service that effectively receives faxes “sent as email over the Internet” and is not itself “equipment which has the capacity . . . to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper” is not a “telephone facsimile machine” and thus falls outside the scope of the statutory prohibition."

This is good news for defendants, but not in those cases where the recipient endpoint is a fax machine or MFP. Those plaintiffs have a leg to stand on. 

The 'faxes' are sent via a telephone number, telco carriers transmit them, but on the recipient end, it's an email in an inbox somewhere; no tied-up phone line, no waste of paper and toner. Is it really this simple?


  • Full Title: Amerifactors Financial Group, LLC Petition for Expedited Declaratory Ruling; Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; Junk Fax Protection Act 1995
  • Document Type(s): Order
  • Bureau(s): Consumer and Governmental Affairs

Description:
Granted a request for declaratory ruling that online fax services that receive faxes fall outside of the Telephone Consumer Protection Act's prohibitions on telephone facsimile machines

  • DA/FCC #: DA-19-1247
  • Docket/RM: 02-278, 05-338
  • FCC Record Citation: 34 FCC Rcd 11950 (15)

FCC Record: DA-19-1247A1_Rcd.pdf

Wednesday, April 28, 2021

And the Consensus is...Their Identity Crisis is Over!



Well it's about time, J2 is going to split into two companies. Let's face it, they were ALWAYS two companies. Digital Media and eFax -- VCR repair and dry cleaning. Apples to oranges? Try apples to chickens. 

Why didn't they do this long ago?  Maybe they wanted to stay together for the kids, or maybe they thought somehow their portfolio would eventually make sense. Fax was starting to get itself in shape, looking good, and looking for a new love and they found it. 

The lure of the healthcare market was enough to change identities, forge new alliances, and rebrand as Consensus. The inevitable was coming the writing was on the wall, two entities that never had anything in common finally realized it was over.  

Here's the press release.

Wednesday, July 1, 2020

Under the Spotlight: 10 Questions for J2’s John Nebergall


John Nebergall is the Senior Vice President and General Manager of Cloud Fax Services at J2 Global Services. I had a chance to catch up with him a few weeks ago and learn more about Consensus, and their overall momentum in the Enterprise Fax market.

MM: This past March, J2 launched Consensus, your biggest step in the enterprise market and healthcare. How does it work?

JN: Consensus is a system in which licensed health service providers use the service to exchange patient information by faxing – both standard faxing or using Direct Send, secure direct messaging via Direct Trust, or from their own EMR applications.  Working with our partner, Kno2, we have a connection into Carequality, an interoperability service for sharing patient information.


MM: What is Direct Send?

JN: Direct Send is a point to point feature of Consensus and eFax too, and it is one way we differentiate ourselves. Faxes that are sent and received between our products can be directly sent without a telco connection over our HITRUST certified network. If we have both sides of the transaction, we handle sending and receiving in-network, which gives advantages in speed, resolution, and guaranteed delivery.


MM: Are J2’s services HITRUST certified?

JN: In the Cloud Fax business all of our enterprise grade products: eFax Developer, eFax Enterprise, Sfax, and MyFax are HITRUST certified.


MM: What about your other brands?

JN: We did not see it as necessary for the fax consumer brands, our focus with that technology is on our enterprise products and services.

  
MM: Did the current pandemic affect the timing of the Consensus release?

JN: The Consensus marketing launch was centered upon the HIMSS Global Health Conference, where we going to be part of the Interoperability Showcase with demonstrations of the Consensus platform. We had to scramble our launch plans at the last minute due to HIMSS cancelling their show because of the pandemic and our sales and marketing teams really pivoted to build a revised plan.  What those teams did given the circumstances was nothing short of phenomenal.


MM: Now that it is post-launch, and still right in the middle of the COVID crisis, how is Consensus doing on the market?

JN: Our momentum has been great, we had beta customers and sales right out of the gate. Growth has been very strong.


MM: How has COVID affected J2’s business overall?

JN: As was mentioned on the recent earnings call, the Cloud Fax business has seen the biggest boost in subscriptions since I have been here. One of the coolest things that we are most particular and proud about, is the transition of our employees to a work from home model. Within two weeks we were able to relocate our employees and continue working as a virtual company.


MM: The “Mr. Fax Goes to Washington” podcast series highlights the efforts you made to change the thinking about fax in the minds of policy makers at HHS/CMS[1]. Policy changes were being proposed with the potential to negatively impact fax. What was accomplished when you went to Washington?

JN: CMS always talked about fax as something to be diminished, so we went there to educate and advocate because digital cloud fax technology is vital to interoperability. We have a presence there and we were able to get face to face meetings with congressmen, and policymakers at HHS/CMS. The reception was great; many were quite surprised to learn that the technology was so widely used and so critical. What really impressed me was these leaders' openness to learning about cloud fax and the subsequent way that they modified their views because of these meetings.  


MM: It is obvious you are making strides to further your growth in the enterprise fax space. What are you doing differently besides Consensus?

JN: The Cloud Fax division has been evolving with a strong commitment to organically growing the business, especially in the enterprise space. Central to that is specifically to continue our growth as a key provider in the Healthcare sector. We have an up-market plan and have forged partnerships, recruited talent, enhanced our APIs, and restructured our support business.


MM: Now that you are more focused on enterprise growth, how has your support infrastructure adapted?

JN: We established a new Customer Success Organization in 2019, specifically for our up-market enterprise plan. We have 24/7 support offices in Canada, Ireland, and Los Angeles. Our Network Operations Center is constantly monitoring all our systems around the globe to ensure smooth and uninterrupted service. We have employed a best-practices approach to create a competitive advantage in this area.

Mark D Malone, Fax2020.com
Original interview date: May 29, 2020

[1] HHS is the Department of Health and Human Services. CMS is the Centers for Medicare and Medicaid Services