ARIZONA STATE SENATE
Phoenix, Arizona
advertising by fax
Purpose
Prohibits a person or entity
conducting business in this state from transmitting unsolicited advertising material
by fax unless adhering to specific requirements.
In response to the growing
concerns raised by consumers and businesses relating to unsolicited telephone
and fax solicitations, and the costs incurred as a result of these faxes, the
United States Congress enacted the Telephone Consumer Protection Act (TCPA) on
December 20, 1991. This act enabled the Federal Communications Commission (FCC)
to adopt regulations that restrict the use of faxes for the purpose of sending
unsolicited advertisements, as well as address the growing number of
unsolicited telephone marketing calls and the use of prerecorded telephone
calls. Currently, the TCPA states that no person may transmit an advertisement
describing the commercial availability or quality of any property, goods or
services to a fax machine without prior express permission or invitation. The
TCPA does not apply to tax-exempt nonprofit organizations, people who have
established a business relationship or to those who have received prior express
permission to solicit business.
Under FCC regulations,
complainants are directed to notify the sender that they wish to be removed
from the solicitation list. After
making such a request, complainants can file a complaint with the FCC. Once
filed with the FCC, each complaint is handled on an individual basis by
contacting the soliciting company and requiring it to respond in writing to the
FCC and the complainant within 30 days.
With respect to sanctions, the FCC cannot award monetary damages except
in very limited circumstances.
According to the Office of
the Secretary of State, many constituents have contacted the Office regarding
their concerns with the high volume of “unsolicited” faxed materials received
at their private residences.
The legislation contains no
discernable fiscal impact.
1. Prohibits a person or entity conducting business in this state from transmitting by fax unsolicited advertising material unless the sender complies with certain requirements.
2. Requires fax advertisements to include a statement in the upper one-third of the fax that is the same size as the remainder of the document text. This statement is to stipulate that a toll free telephone number has been established for recipients to contact the sender to request that the sender not fax the recipient any additional unsolicited documents and is to include a disclosure statement that tells recipients to call toll free if they want their fax telephone number to be removed from the sender's transmittal list.
3. Requires fax advertisements sent in a language other than English to include the toll free number information in that other language.
4. Requires the sender of unsolicited advertisements to maintain a list of fax numbers of persons who have requested not to receive solicitations.
5. Requires local and long-distance telecommunications service providers and other entities that contract with such providers to comply with the advertising by fax provisions, and holds them liable for violations.
6. States that local and long-distance telecommunications service providers are not liable for providing services to a customer who uses those services in violation of the advertising by fax provisions.
7. Stipulates that it is unlawful practice as it pertains to consumer fraud for a solicitor to fax a recipient who has previously stated that the recipient does not want to receive such solicitation from the sender.
8. Refers to definitions of "local telecommunication service provider" and "long-distance telecommunications service provider" already provided for in statute.
9. Provides for a general effective date.
Amendments
Adopted by Committee
1. Requires the fax advertisement to include a specified disclosure statement.
2. Requires a fax advertisement sent in a language other than English to include the toll free number in the language of the fax.
3. Requires local and long-distance telecommunications service providers to comply with the advertising by fax provisions and holds them liable for violations, but specifies that the providers are not to be held liable for providing services to a customer who uses those services in violation.
Senate Action
COM 2/7/01 DPA 6-0-0-0
Prepared by Senate Staff
February 7, 2001