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Chamber Executive Article Archive

Fax Checking

By Jeffrey S. Tenenbaum and Ronald M. Jacobs

On October 7, 2005, California enacted a new law (CA Senate Bill No.833, as amended) that will have a significant—and potentially adverse—effect on associations nationwide that send faxes. The California law, which applies to all faxes sent to or from California, makes it a crime to end any “unsolicited advertisements” by fax without the recipient’s “prior express invitation or permission.” This is what is commonly referred to as an “opt-in” law. The California bill took effect on January 1, 2006. The new law eliminates the “established business relationship” exemption for ending unsolicited faxes that Congress carefully crafted just this year.

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