ARIZONA STATE SENATE
Phoenix, Arizona
unsolicited fax
advertisements
Requires vendors to include certain identifying information on unsolicited fax advertisements and allows the recipient to charge the vendor $5 per faxed page received if the vendor continues to send unsolicited commercial faxes to the recipient who has previously requested that no further faxes be sent.
The Telephone Consumer Protection Act (TCPA) was enacted in 1991 in response to the growing concerns raised by consumers and businesses relating to unsolicited telephone and fax solicitations. The TCPA enabled the Federal Communications Commission (FCC) to adopt rules 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 automated and prerecorded telephone calls. The FCC’s rules state that a person is prohibited from transmitting an advertisement describing the commercial availability or quality of any property, goods or services to a fax machine without prior permission or invitation to solicit business.
Under the FCC rules, 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, which is then 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 or other damages, except under very limited circumstances.
S.B. 1032 requires vendors to include certain identifying information on unsolicited fax advertisements so that the recipient can contact the vendor to request that no additional faxes be sent. The legislation also allows the recipient to charge the vendor $5 per faxed page received if the vendor continues to send unsolicited commercial faxes to the recipient who has previously requested that no further faxes be sent.
There is no anticipated fiscal impact to the state general fund associated with this bill.
1. Requires unsolicited commercial fax advertisements to include the name, address, fax number and toll free telephone number of the vendor that sends the fax.
2. States that the recipient of unsolicited commercial fax advertisements may contact the vendor to request that no additional faxes be sent.
3. Allows the recipient to charge the vendor $5 per faxed page received if the vendor continues to send unsolicited commercial faxes to the recipient who has previously requested that no further faxes be sent.
4. Defines “vendor.”
5. Provides for a general effective date.
Prepared by Senate Staff
January 30, 2002