California Legislature passes fax-ad bill
By The Associated Press
09.04.02
SACRAMENTO, Calif. — A bill to eliminate California's law against sending unsolicited faxes to allow a stronger federal law to take effect was approved by the state Assembly Aug. 31.
AB 2944, by Assemblywoman Christine Kehoe and Sen. Debra Bowen, was approved on a 62-7 vote. It was approved Aug. 29 in the Senate 39-0.
The federal law requires that companies that send unsolicited faxes for advertising get permission before faxing those ads. California's current law requires that unsolicited advertisements sent over fax machines have a toll-free number so fax owners can be removed from the phone lists.
Brian Hatch, a representative for Fax.com, told the Assembly Banking and Finance Committee that the federal law was being challenged, and if struck down, could leave California consumers with no protections.
Companies that fax large numbers of advertisements for businesses are exercising their First Amendment right to free speech, Hatch said.
The bill was supported by Attorney General Bill Lockyer, who last month joined 19 other state attorneys general filed a brief last week supporting a Missouri lawsuit against American Blast Fax Inc.
"No reasonable advertiser would claim that it had the constitutional right to send junk mail C.O.D. and require the recipient to pay the cost, yet the sending of unsolicited fax advertisements is tantamount to the same practice," the attorneys general said in the brief.