Junk Faxes New California Law Challenged
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Junk Faxes: California Law Faces Legal Challenge
Summary
We all despise junk faxes. California passed a law to ban them, but a legal challenge has delayed its implementation.
Article
Junk faxes are universally unpopular, and California legislators took action to ban them. However, a legal challenge has put the law on hold.
The Junk Fax Prevention Act
In 2005, California introduced the Junk Fax Prevention Act in response to numerous complaints from businesses inundated with junk faxes. These unsolicited faxes not only cause annoyance but also damage fax machines and consume paper and toner. The intention behind the law was to support businesses, which likely included the legislators themselves trying to clear their own fax lines.
The law was scheduled to take effect on January 1, 2006. Surprisingly, the U.S. Chamber of Commerce, along with Xpedite Systems, a fax company, filed for an injunction, which was granted by the federal court. The hearing is set for January 23, 2006, with the earliest possible resolution by January 30, 2006.
The Dispute
At issue is the "previous business relationship" exemption. Under federal law, faxes can be sent to those with an existing business relationship, but there is no clear test to define it. California's law requires proof of such relationships.
Ironically, the U.S. Chamber of Commerce had been a strong advocate of the federal junk fax law. Now, they argue the California law imposes undue burdens on medium and small businesses.
This claim lacks substance. It's common sense that a business would have evidence of relationships with clients. Today, most communications occur via email, and anything requiring documentation is often sent by mail.
The Larger Impact
Whether intentional or not, the U.S. Chamber of Commerce seems to be siding with junk fax senders. This situation is regrettable, and hopefully, the court will correct this course.
You can find the original non-AI version of this article here: Junk Faxes New California Law Challenged.
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