Gino DiCaro

Business-to-business fax restriction bill sent to Governor

By Gino DiCaro, VP, Communications

Capitol Update, Sept. 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 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.  

Such an exemption is a reasonable request that would mirror federal law without undermining the author's stated intent.  

SB 833 passed the legislature and was sent to the Governor on the last day of session.  CMTA will request  a veto.

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