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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 companies screaming regarding the junk faxes being received daily. The matter with junk faxes, besides being annoying, is they place wear and tear on fax machines furthermore using up paper and toner. In passing the new law, legislators sought to assist businesses. In fact, I imagine they merely needed to free up their own faxes, however I digress.

The Junk Fax Prevention Act was set to go into force on January one, 2006. During a rather surprising move, the U.S. Chamber of Commerce filed for an injunction, which was granted. Joining the Chamber of Commerce is Xpedite Systems, a fax company. Filed in federal court, the injunction was granted and also the law stayed from being enforced. A hearing on the matter can be held January twenty three, 2006 with the earliest resolution of the matter being January thirty, 2006.

At the guts of the dispute is an exemption to the law called the previous business relationship exemption. Underneath federal law, someone might send a fax to someone or business with that they need had a previous business relationship. The matter, however, is there's no specific check for determining a previous business relationship. The California law seeks to require proof of such a business relationship.

Ironically, the U.S. Chamber of Commerce was one in all the most important and boisterous supporters of the federal junk fax law. During a mysterious change of position, the Chamber of Commerce is now taking the position the California law is unduly burdensome on medium and small businesses.

This position is so abundant hogwash, a typical stance for the Chamber of Commerce. When evaluating such bland statement positions, it is continually necessary to use common sense. During this case, a business sending faxes to shoppers is easily going to have proof of such relationships. Indeed, most businesses now communicate by email with their clients in lieu of a fax. If something written desires to go out, it is typically done by snail mail.

Intentionally or not, the only 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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