Chip 2004 September/CHIP_CD_2004-09.iso/macos/pack1/files/MaxBulkMailer.sit/MaxBulk Mailer/Documentation/Broadcast Fax & Junk Email Law

Text File | 2000-12-16 | 6KB | 103 lines

                    Broadcast Fax and Junk Email Illegal

Under United States law, it is unlawful "to use any telephone facsimile
machine, computer, or other device to send an unsolicited advertisement" to
any "equipment which has the capacity (A) to transcribe text or images (or
both) from an electronic signal received over a regular telephone line onto
paper." The law allows individuals to sue the sender of such illegal "junk
mail" for $500 per copy. Most states will permit such actions to be filed in
Small Claims Court.

Here is the text of the federal law:

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in
effect as of January 24, 1994] [Document affected by Public Law 103-414
Section 303(a)(11)]

[CITE: 47USC227]
            TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
                   CHAPTER 5--WIRE OR RADIO COMMUNICATION
                       SUBCHAPTER II--COMMON CARRIERS
Sec. 227. Restrictions on use of telephone equipment

   * (a) Definitions
     As used in this section-- * * *
        o (2) The term ``telephone facsimile machine'' means equipment which
          has the capacity (A) to transcribe text or images, or both, from
          paper into an electronic signal and to transmit that signal over a
          regular telephone line, or (B) to transcribe text or images (or
          both) from an electronic signal received over a regular telephone
          line onto paper. * * *
        o (4) The term ``unsolicited advertisement'' means any material
          advertising the commercial availability or quality of any
          property, goods, or services which is transmitted to any person
          without that person's prior express invitation or permission.
   * (b) Restrictions on use of automated telephone equipment
        o (1) Prohibitions
          It shall be unlawful for any person within the United States -- to
          use any telephone facsimile machine, computer, or other device to
          send an unsolicited advertisement to a telephone facsimile
          machine; * * *
   * (c) to use any telephone facsimile machine, computer, or other device
     to send an unsolicited advertisement to a telephone facsimile machine;
     * * *
        o (3) Private right of action
          A person or entity may, if otherwise permitted by the laws or
          rules of court of a State, bring in an appropriate court of that
          State--
             + (A) an action based on a violation of this subsection or the
               regulations prescribed under this subsection to enjoin such
               violation,
             + (B) an action to recover for actual monetary loss from such a
               violation, or to receive $500 in damages for each such
               violation, whichever is greater, or
             + (C) both such actions.
          If the court finds that the defendant willfully or knowingly
          violated this subsection or the regulations prescribed under this
          subsection, the court may, in its discretion, increase the amount
          of the award to an amount equal to not more than 3 times the
          amount available under subparagraph (B) of this paragraph. * * *
   * (e) Effect on State law
        o (1) State law not preempted
          Except for the standards prescribed under subsection (d) of this
          section and subject to paragraph (2) of this subsection, nothing
          in this section or in the regulations prescribed under this
          section shall preempt any State law that imposes more restrictive
          intrastate requirements or regulations on, or which prohibits--
             + (A) the use of telephone facsimile machines or other
               electronic devices to send unsolicited advertisements; * * *

[ Amended 1992: Subsec. (b)(2)(C). Pub. L. 102-556 added subpar. (C). ]

------------------------------------------------------------------------
CALIFORNIA CODES
BUSINESS AND PROFESSIONS CODE
SECTION 17538.4.

   * (a) No person or entity conducting business in this state shall fax or
     cause to be faxed documents consisting of unsolicited advertising
     material for the lease, sale, rental, gift offer, or other disposition
     of any realty, goods, services, or extension of credit unless that
     person or entity establishes a toll-free telephone number which a
     recipient of the unsolicited faxed documents may call to notify the
     sender not to fax the recipient any further unsolicited documents.
   * (b) All unsolicited faxed documents subject to this section shall
     include a statement, in at least 9-point type, informing the recipient
     of the toll-free telephone number the recipient may call, and an
     address the recipient may write to, notifying the sender not to fax the
     recipient any further unsolicited documents to the fax number, or
     numbers, specified by the recipient.
   * (c) Upon notification by a recipient of his or her request not to
     receive any further unsolicited faxed documents, no person or entity
     conducting business in this state shall fax or cause to be faxed any
     unsolicited documents to that recipient.
   * (d) Any violation of subdivision (c) is an infraction punishable by a
     fine of five hundred dollars ($500) for each and every transmission.
   * (e) As used in this section, "fax" or "cause to be faxed" shall not
     include or refer to the transmission of any documents by a
     telecommunications utility to the extent that the telecommunications
     utility merely carries that transmission over its network.

  ------------------------------------------------------------------------