12/08/2005
On Jan. 1, 2006, it will become a criminal offense to send an unsolicited fax to California.
The new California Fax Ban expands a recently passed federal law that enables faxes to existing customers or to those on a public fax list. The California law prohibits unsolicited advertisements, which are defined as "any material advertising the commercial availability or quality of any property, goods or services that is transmitted to any person or entity without that person's or entity's prior express invitation or permission."
State law
Organizations located within the state of California, as well as organizations located outside of California wishing to send fax ads to recipients within the state, must first obtain express permission from the recipient. An established business relationship will no longer suffice in California to justify the sending of advertising faxes.
Identifying information and consent
State law enforcement officials are expected to require an explicit record of consent from the recipient, such as a tape recording or a signed consent form including the recipient's fax number. Every fax communication sent from California or to recipients within California must clearly identify:
- The date and time the transmission was sent.
- The person or organization responsible for sending the message.
- The telephone number of the sending machine or of the person or organization responsible for sending the message.
Penalties
- Individuals could ask for "actual damages" or statutory damages of $500 per fax.
- "Willful violators" could be assessed treble damages.
- This bill is expected to generate class action suits against anyone sending multiple faxes from or into California.
