House of Representatives

SB 1253

advertising by fax

Sponsors: Senator Smith

X	Committee on Commerce and Economic Development
	Caucus and COW
	As Passed the House

SB 1253 prohibits faxing of unsolicited advertising materials unless the person or entity complies with the provisions of the bill.

History

The Federal Telephone Consumer Protection Act [TCPA] was enacted in 1991 to address concerns regarding unsolicited telemarketing calls and telephone facsimile [fax] transmissions as well as the use of prerecorded/auto-dial telephone calls. The TCPA directed the Federal Communications Commission [FCC] to adopt pertinent rules and regulations. In addition, Arizona Laws 1999, Chapter 192, prescribes restrictions for telephone solicitors, including a requirement to register with the Secretary of State.

The FCC rules prohibit any transmission of unsolicited advertisements to fax machines. The rules stipulate that no person or entity may transmit an advertisement with a description of the availability or quality of property, goods or services to a person's fax machine without prior express permission or invitation. An established business relationship is determined if there has been an inquiry, application, purchase or transaction regarding such products or services offered by the person or entity. Informing the person or entity not to send any more unsolicited faxes may terminate the assumption of an established business relationship. The FCC rules also require certain information sent to a fax machine to be clearly marked on the first page or on each page of the message with the date/time of the fax transmission, the sender's identity and telephone number [or the number of the machine that sent the fax].

Provisions

· Prohibits a person or entity doing business in Arizona from transmitting or causing to be transmitted, any unsolicited advertisements by fax machine. This includes advertisements for lease, sale, rental, gift or other disposition of any real estate, goods or services or offers for credit unless the sender complies with the following:

1. The upper one-third of the first page of the fax must include a toll-free number with a statement advising the recipient of the following: Call toll free if you want your fax telephone number to be removed from the sender's transmittal list.

2. If the sender faxes the document in any language other than English, there must be a statement in that other language.

3. The sender must maintain a Do Not Fax list of persons who have requested not to receive solicitations.

· Makes it an unlawful practice subject to the consumer fraud act for a solicitor to fax to a person who has previously requested not to receive such faxes.

· Provides immunity for a local or long-distance telecommunications service that provides services to an end-use customer who violates the provisions of the bill. Makes the telecommunications providers subject to the regulatory provisions of the bill.

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· 45th Legislature

· First Regular Session 2 March 16, 2001

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