Business-to-business fax restriction bill moving swiftly

By CMTA Staff

Capitol Update, June 9, 2005 Share this on FacebookTweet thisEmail this to a friend

SB 833 (Debra Bowen, D-Marina del Rey) intends to halt "junk faxes" by banning unsolicited advertisements via fax machines, unless prior permission is granted by the receiver.  "Unsolicited advertisement" means any material advertising the commercial availability or quality of any property, goods, or services.  A violation would allow people and businesses who receive such faxes to sue the sender or advertiser, or both, for $500 per fax.

CMTA’s opposes the measure because it does not allow an exemption for "existing business relationships."  Many manufacturers have significant communications with their suppliers via fax and often those fax communications can contain content with regard to the availability and cost of equipment, parts, and products.  Current legislation moving through Congress would exempt "existing business relationships" from the existing federal fax ban and allow these communications to continue unimpeded.

Such an exemption is a reasonable amendment for this bill that we believe will not undermine the Senator’s intent.  CMTA will remain opposed until this concern is addressed.

SB 833 gained some Republican support on the Senate Floor, passed the Assembly Judiciary committee and now heads to the Assembly Committee on Business & Professions.

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