PRIOR PRINTER'S NO. 1244 PRINTER'S NO. 3133
No. 1096 Session of 1989
INTRODUCED BY HAGARTY, MICHLOVIC, REBER, COHEN, MARSICO,
COLAIZZO, HESS, YANDRISEVITS, FAIRCHILD, KOSINSKI, GEIST,
COWELL, BELFANTI, SERAFINI, SAURMAN, JAROLIN, CLYMER, DeLUCA,
BELARDI, JOHNSON, FOX, VEON, McVERRY, BARLEY, HERMAN,
VAN HORNE, BOYES, CALTAGIRONE, WOGAN, FARGO, COLAFELLA,
E. Z. TAYLOR, BILLOW, MOEHLMANN, MERRY, ROBINSON, TRELLO,
GIGLIOTTI, ADOLPH, FARMER, HECKLER, WESTON, STABACK, MELIO,
BUNT, RITTER, CIVERA, OLASZ, RAYMOND, LANGTRY, KASUNIC AND
DEMPSEY, APRIL 10, 1989
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 13, 1990
AN ACT
1 Prohibiting the use of a document facsimile production, or FAX,
2 machine to transmit unsolicited advertising messages.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Unsolicited
7 Facsimile Machine Messages Law.
8 Section 2. Unsolicited advertising; prohibition.
9 No person shall use a machine that electronically transmits
10 facsimiles of documents through connection with a telephone
11 network, commonly known as a FAX machine, to transmit
12 unsolicited advertising for the sale of any real property, goods
13 or services. THIS SECTION SHALL NOT APPLY WHERE A PRIOR <--
14 CONTRACTUAL OR BUSINESS RELATIONSHIP EXISTS BETWEEN THE
1 INITIATOR AND THE RECIPIENT.
2 SECTION 3. NOTICE.
3 NOTWITHSTANDING THE PROVISIONS OF SECTION 2, IT SHALL BE
4 UNLAWFUL TO INITIATE ANY ELECTRONICALLY TRANSMITTED FACSIMILES
5 OF DOCUMENTS TO A RECIPIENT WHO HAS PREVIOUSLY SENT A WRITTEN OR
6 FACSIMILE GENERATED NOTICE TO THE INITIATOR CLEARLY INDICATING
7 THAT THE RECIPIENT DOES NOT WANT TO RECEIVE FACSIMILE GENERATED
8 MESSAGES FROM THE INITIATOR.
9 Section 3 4. Penalty. <--
10 A person who fails to comply with the provisions of this act
11 commits a summary offense and shall, upon conviction, be
12 sentenced to pay a fine of not more than $300, plus costs and
13 attorney fees, for each offense. Every 24-hour period such
14 person continues in violation of this act shall constitute a
15 distinct and separate violation.
16 Section 4 5. Effective date. <--
17 This act shall take effect in 60 days.
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