Junk Faxes – New California Law Challenged
Thursday, December 31st, 2009I hate junk faxes. You hate junk faxes. We tend to all hate junk faxes! California legislators passed a law banning them, however it’s been delayed to a legal challenge.
Junk Fax Prevention Act
In 2005, the State of California passed the Junk Fax Prevention Act. Legislators were reacting to the bevy of companies screaming about the junk faxes being received daily. The problem with junk faxes, besides being annoying, is they put damage on fax machines in addition to using up paper and toner. In passing the new law, legislators sought to assist businesses. In reality, I imagine they solely wished to liberate their own faxes, but I digress.
The Junk Fax Prevention Act was set to go into force on January one, 2006. In an exceedingly rather surprising move, the U.S. Chamber of Commerce filed for an injunction, that was granted. Joining the Chamber of Commerce is Xpedite Systems, a fax company. Filed in federal court, the injunction was granted and the law stayed from being enforced. A hearing on the matter will be held January twenty three, 2006 with the earliest resolution of the matter being January 30, 2006.
At the center of the dispute is an exemption to the law known as the previous business relationship exemption. Beneath federal law, an individual could send a fax to someone or business with that they have had a previous business relationship. The matter, but, is there’s no explicit check for determining a previous business relationship. The California law seeks to want proof of such a business relationship.
Ironically, the U.S. Chamber of Commerce was one in every of the most important and boisterous supporters of the federal junk fax law. In a very mysterious change of position, the Chamber of Commerce is currently taking the position the California law is unduly burdensome on medium and little businesses.
This position is therefore a lot of hogwash, a typical stance for the Chamber of Commerce. When evaluating such bland statement positions, it’s invariably necessary to use common sense. In this case, a business sending faxes to purchasers is easily going to possess proof of such relationships. Indeed, most businesses currently communicate by email with their shoppers in lieu of a fax. If something written wants to travel out, it’s usually done by snail mail.
Intentionally or not, the sole parties the U.S. Chamber of Commerce is protecting are the junk fax senders. What a shame. Let’s hope the court puts the Chamber in its place.
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