------------------------
       Senate Engrossed
 ------------------------
  State of Arizona
  Senate
  Forty-fifth
  Legislature
  First Regular Session
  2001
 ------------------------
    SENATE BILL 1253
 ------------------------
 

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 ALL 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 AND THE STATEMENT INCLUDES THE FOLLOWING DISCLOSURE: "CALL TOLL FREE IF YOU WANT YOUR FAX TELEPHONE NUMBER TO BE REMOVED FROM THE SENDER'S TRANSMITTAL LIST."

2. IF THE SENDER FAXES AN ADVERTISEMENT IN A LANGUAGE OTHER THAN ENGLISH, THE SENDER INCLUDES THE STATEMENT PRESCRIBED IN PARAGRAPH 1 IN THAT OTHER LANGUAGE.

3. 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.

C. A LOCAL TELECOMMUNICATIONS SERVICE PROVIDER OR LONG-DISTANCE TELECOMMUNICATIONS SERVICE PROVIDER THAT PROVIDES TELECOMMUNICATIONS SERVICES TO AN END-USE CUSTOMER WHO USES THOSE SERVICES IN VIOLATION OF THIS SECTION IS NOT LIABLE UNDER THIS SECTION SOLELY FOR PROVIDING THOSE SERVICES TO THAT END-USE CUSTOMER. A LOCAL TELECOMMUNICATIONS SERVICE PROVIDER OR LONG-DISTANCE TELECOMMUNICATIONS SERVICE PROVIDER THAT INITIATES AN OUTBOUND FAX DOCUMENT OR ANY OTHER ENTITY THAT CONTRACTS WITH A LOCAL TELECOMMUNICATIONS SERVICE PROVIDER OR LONG-DISTANCE TELECOMMUNICATIONS SERVICE PROVIDER TO INITIATE AN OUTBOUND FAX DOCUMENT SHALL COMPLY WITH THIS SECTION AND IS LIABLE FOR ANY VIOLATION OF THIS SECTION. FOR THE PURPOSES OF THIS SUBSECTION, "LOCAL TELECOMMUNICATIONS SERVICE PROVIDER" AND "LONG-DISTANCE TELECOMMUNICATIONS SERVICE PROVIDER" HAVE THE SAME MEANING PRESCRIBED IN SECTION 44-1571.