Scrap Faxes– New California Law Challenged
I hate scrap faxes. You dislike most faxes, while I use to love to get one. California lawmakers passed a law prohibiting them, however it has actually been delayed to a legal difficulty.
Fax Prevention Act
In 2005, the State of California passed the Scrap Fax Prevention Act. Legislators were reacting to the bunch of companies screaming about the junk faxes being gotten daily. The problem with scrap faxes, besides being annoying, is they put wear and tear on facsimile machine in addition to using up costly paper (it has seemed to double in cost in last 5 years) and toner. In passing the brand-new law, lawmakers looked for to help businesses. In reality, I imagine they just wished to maximize their own faxes, but I digress.
The Fax Prevention Act was set to enter into force on January 1, 2017. In a rather shocking move, the United States Chamber of Commerce applied for an injunction, which was granted. Joining the Chamber of Commerce is Xpedite Systems, a fax company. Submitted in federal court, the injunction was given and the law stayed from being implemented. A hearing on the matter will be held January 23, 2017 with the earliest resolution of the matter being January 30, 2017.
At the heart of the conflict is an exemption to the law referred to as the previous company relationship exemption. Under federal law, an individual may send out a fax to an individual or company with which they have had a previous company relationship. The problem, however, is there is no certain test for determining a previous company relationship. The California law seeks to need evidence of such a company relationship. As it is, the United States Chamber of Commerce was among the most significant and lively fans of the federal scrap fax law. In a strange modification of position, the Chamber of Commerce is now taking the position the California law is unduly difficult on medium and small companies.
This position is a lot hogwash, a common stance for the Chamber of Commerce. When examining such boring statement positions, it is constantly crucial to utilize common sense. In this case, a company sending faxes to customers is quickly going to have evidence of such relationships. Indeed, the majority of companies now interact by email with their clients in lieu of a fax. If something composed have to head out, it is usually done by general delivery.
Purposefully or not, the only parties the U.S. Chamber of Commerce is safeguarding are the scrap fax senders. What a shame. Let’s hope the court puts the Chamber in its place for one time.