TheWeekInCongress.com

Week Ending December 10, 2004

S 2603 Junk Fax Prevention Act of 2004

BRIEF
 The bill prohibits a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to anyone unless the sender has an established business relationship with the person; and the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request.

  The bill would require the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if the request identifies the recipient fax number to which the request relates, the request is made to the telephone or fax number of the sender, and the person making the request has not subsequently provided express invitation or permission to have such advertisements sent.

   The FCC is authorized to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes.

   The bill requires the FCC report annually to Congress on the enforcement of the requirements; and the Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.

   (Editor’s Note: This bill is nearly identical to HR 4600 that passed the House in July 2004)

 

Sponsor: Senator Gordon Smith (R-OR)

Vote: Passed Senate amended by Unanimous Consent (Dec. 8, 2004)

Cost to the taxpayers: No discernible cost. ## All Rights Reserved. No distribution or reproduction without written permission from TheWeekI