------------------------------------- ¦ REFERENCE TITLE: advertising by fax ¦ ------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ Senate ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ ------------------------------------- ¦ SB 1253 ¦ ------------------------------------- ¦ Introduced by ¦ ¦ Senator Smith ¦ -------------------------------------
AN ACT
AMENDING TITLE 44, CHAPTER 9, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING SECTION 44-1282; RELATING TO FAX ADVERTISING.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, article 6, Arizona Revised Statutes, is amended by adding section 44-1282, to read:
44-1282. Advertising by fax
A. A PERSON OR ENTITY THAT CONDUCTS BUSINESS IN THIS STATE SHALL NOT TRANSMIT DOCUMENTS BY FAX MACHINE OR CAUSE TO BE FAXED ANY DOCUMENTS CONSISTING OF UNSOLICITED ADVERTISING MATERIAL, REGARDLESS OF THE MEANS OF RECEIPT, FOR THE LEASE, SALE, RENTAL, GIFT OR OTHER DISPOSITION OF ANY REAL ESTATE, GOODS OR SERVICES OR EXTENSION OF CREDIT UNLESS THE SENDER COMPLIES WITH BOTH OF THE FOLLOWING:
1. THE FAX TRANSMISSION INCLUDES A STATEMENT ON THE UPPER ONE-THIRD OF THE FIRST PAGE OF THE TRANSMISSION THAT IS THE SAME SIZE AS THE MAJORITY OF THE TEXT IN THE MAIN BODY OF THE DOCUMENT THAT THE SENDER HAS ESTABLISHED A SPECIFIED TOLL FREE TELEPHONE NUMBER THAT THE RECIPIENT OF THE UNSOLICITED FAX DOCUMENTS MAY CONTACT TO NOTIFY THE SENDER NOT TO FAX THE RECIPIENT ANY ADDITIONAL UNSOLICITED DOCUMENTS.
2. THE SENDER MAINTAINS A LIST OF INDIVIDUAL FAX MACHINE NUMBERS OF PERSONS WHO HAVE REQUESTED NOT TO RECEIVE SOLICITATIONS FROM THE SENDER.
B. IT IS AN UNLAWFUL PRACTICE PURSUANT TO SECTION 44-1522 FOR ANY PERSON OR ENTITY THAT CONDUCTS BUSINESS IN THIS STATE TO INITIATE AN OUTBOUND FAX DOCUMENT TO ANOTHER PERSON IF THAT OTHER PERSON HAS PREVIOUSLY STATED A DESIRE NOT TO RECEIVE A FAX TRANSMISSION MADE BY OR ON BEHALF OF THE SENDER WHOSE GOODS OR SERVICES ARE BEING OFFERED.