Are faxes considered “written communication”? I need to notify someone “in writing” and my two options are overnight mail and faxes. Are both considered “written” communication?
Do you need some kind of proof that the person received the ‘written’ communication?
IANAL, but written communications typically refer to postal letters or other documents that are hand delivered and signed for by the recipient, as opposed to an electronic version which is sent to someone, like a fax or an email.
Fax machines fail, and even if it’s received someone might pick up the fax by mistake, which means the recipient can go to court and say I never received anything…
For contracts etc. a fax is not really sufficient notice (and receipt is easily deniable) if there is some “time is of the essence” critical notice or action that needs to be referenced you need not to screw around. You need a certified letter return receipt requested.
Need context.
Check with your applicable statute.
Yes. For instance I can say with authority that when written communication is prohibited in a restraining order a fax will count as written communication.
I would second this. I think the OP may have buried the lead.
I’ve conducted financial transactions via fax. I think in some cases I may have had to follow up with mailed hard copies, but I don’t think my failure would have voided anything.
So without any legal context, just flipping a coin, I think it’s likely. But the notice issue is the more salient one. A good report from your fax machine is not the same as receipt and acknowledgement by the other party, which I assume is what the OP actually wants and needs.
Issue resolved. A email was deemed acceptable in my case. I emailed the organization and I received a confirmation in kind.
Whether email is acceptable in a general sense as “written communication” remains questionable though.
It really does depend on context.
For my business’s contracts with clients, we permit notification by e-mail, but (according to the contract) the notice is considered effective when we acknowledge receipt. Which means, if you want to be 100% sure of receipt and timing you should use something other than e-mail. (We’re quick to confirm and don’t intentionally “lose” anything, but you don’t know that. We don’t want to be anal retentive about how we get notice, we just want to avoid misunderstandings or he-said/she-said arguments.)
“written communications typically refer to postal letters or other documents that are hand delivered and signed for by the recipient,”
Nonsense. Written communication typically refers to something that is written and communicated to another. A Christmas card for instance.
I would agree that the quoted sentence is nonsense.
The obvious answer is, it depends on who determined the “need” for the written communication. The obvious thing to do is ask that determining authority if a fax is acceptable.
Generally, organizations vary so much on this that I don’t think a hard and fast rule works, you’ll just have to ask. If some governing body requires the written notification, ask that body. In the absence of a governing body, ask the person with whom you are communicating if they will accept a fax.
I meant for legal purposes… of course anything written on a piece of paper is a "written communication’, but the OP sounded like it mattered whether it was ever received by the recipient.
It’s no more true for legal purposes than it is in the lay world. There are very few circumstances in which hand delivery and signed acknowledgment of receipt are required.
I’ve used fax and emailed scans as written communication for legal purposes for both work contracts and personal use such as applying for a voters registration card or requesting an official transcript from my alma mater
In my experience a fax is usually acceptable as written communication for documents requiring a signature. An exception is when the recipient needs the original signed or certified document of which case the document would need to be sent via registered mail or Fed Ex and be signed for by the recipient. Regular First Class mail may be used if the communication is not time sensitive, not confidential and delivery does not need to be confirmed. Emails are fine if a signature is not required.
All this will depend on the organization you’re dealing with.
If it says only “written communication” the distinction is vice “oral communication.” Proof of delivery is above and beyond that, generally for your own protection rather than a requirement of the recipient. IANAL. Context matters.
"of course anything written on a piece of paper is a “written communication’”
Nope, this is nonsense too. I have just written “written communication” on my blotter. As much as it appears to be written communication, it certainly is not a written communication.
This is a bit of Philosophy 101, isn’t it?
“If words are written on a piece of paper but nobody is there to read them, are they written communication?”