Junk Faxes – New California Law Challenged
I 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 businesses screaming concerning the junk faxes being received daily. The problem with junk faxes, besides being annoying, is that they put wear 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 only wanted to unencumber their own faxes, but I digress.
The Junk Fax Prevention Act was set to go into force on January 1, 2006. In a rather stunning 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 can be held January 23, 2006 with the earliest resolution of the matter being January 30, 2006.
At the heart of the dispute is an exemption to the law referred to as the previous business relationship exemption. Beneath federal law, a person could send a fax to an individual or business with which they have had a previous business relationship. The matter, but, is there is no specific take a look at 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 amongst the most important and boisterous supporters of the federal junk fax law. In a very mysterious modification 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 so much hogwash, a typical stance for the Chamber of Commerce. When evaluating such bland statement positions, it’s continuously necessary to use common sense. During this case, a business sending faxes to purchasers is definitely going to have proof of such relationships. Indeed, most businesses now communicate by email with their shoppers in lieu of a fax. If something written needs to go out, it is sometimes 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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