DNC - Federal and State Restrictions on Facsimile Transactions

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Prepared by Copilevitz & Canter, LLC - (816) 472-9000 | This chart is not to be used as a substitute for legal counsel.

NOTE: States in bold type are more restrictive than the federal standard; any state law which is more restrictive than the federal law must be followed. The federal standard described below sets forth the minimum requirements for facsimile transactions.

Federal and State Restrictions on FacsimileTransactions
Jurisdiction	Unsolicited faxes Allowed?	Additional Restrictions¹	Citation
Federal	No. Established business relationship required ² and; The sender must have obtained the number of the telephone facsimile machine through Voluntary communication by the recipient directly to the sender, within the context of such established business relationship; or A directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution [** this clause shall not apply in the case of an unsolicited advertisement that is sent based on an established business relationship that was in existence before July 9, 2005, if the sender possessed the facsimile machine number before that date.	The advertisement must contain a clear and conspicuous notice, on the first page of the ad, that informs the recipient of the ability and means to avoid future unsolicited advertisements. The notice must state that the recipient may make a request to the sender of the advertisement not to send any future advertisements to a telephone facsimile machine or machines and that failure to comply, within 30 days, with such a request is unlawful The notice must include A domestic contact telephone number and facsimile machine number for the recipient to transmit such a request to the sender; and If neither the required telephone number nor facsimile machine number is a toll-free number, a separate cost-free mechanism including a Web site address or e-mail address, for a recipient to transmit a request pursuant to such notice to the sender of the advertisement; and The telephone and facsimile numbers and cost-free mechanism identified in the notice must permit an individual or business to make an opt-out request 24 hours a day, 7 days a week. A facsimile advertisement that is sent to a recipient that has provided prior express invitation or permission to the sender must include an opt-out notice. A sender that receives a request not to send future unsolicited advertisements must honor that request within the shortest reasonable time from the date of such request, not to exceed 30 days, and is prohibited from sending unsolicited advertisements to the recipient unless the recipient subsequently provides prior express invitation or permission to the sender. The recipient's opt-out request terminates the established business relationship exemption for purposes of sending future unsolicited advertisements.	47 U.S.C. 227(b)(1)(C) 47 C.F.R. 64.1200(a)(3)
Alabama	No state restrictions	N/A	N/A
Alaska	No state restrictions	N/A	N/A
Arizona	Yes	Fax must include Name of the person sending the fax. Address of the person sending the fax. Fax number and toll free or local contact telephone number of the person that sends the fax. Any person who receives an unsolicited commercial fax advertisement may contact the vendor that sent the fax and request that no further faxes be sent. On receiving a request that no further faxes be sent, a vendor shall have three business days to update its records.	Ariz. Stat. § 44-1482.
Arkansas	No state restrictions	N/A	N/A
California³	No, prior express invitation or permission required.	Fax must include in margin at top or bottom of each page: Date and time sent. Identification of the business, other entity or individual sending the message. Telephone number of the sending machine or of the business, other entity or individual.	Calif. Bus. & Prof. Code § 17538.43
Colorado	No, existing business relationship required.	Fax must include: Date and time the message is sent. Identification of the person sending the message. Telephone number of the sending machine of the person.	Colo. Stat. § 6-1-702.
Connecticut	No, unsolicited advertising material is prohibited.	N/A	Conn. Stat. § 52-570c
Delaware	No state restrictions	N/A	N/A
D.C.	No state restrictions	N/A	N/A
Florida	No, faxes transmitting unsolicited advertising material within the state are prohibited.	N/A	Fla. Stat. § 365.1657
Georgia	No, prior or contractual business relationship required.	N/A	Ga. Code 46-5-25
Hawaii	No state restrictions	N/A	N/A
Idaho	No, established business relationship required. ⁴	N/A	Idaho Code § 48-1003.
Illinois	No, the initiator must know or reasonably know that the recipient has given permission.	N/A	720 ILCS 5/26-3
Indiana	No state restrictions	N/A	N/A
Iowa	No state restrictions	N/A	N/A
Kansas	Yes, unless the recipient request not to receive faxes.	N/A	Kan. Stat. 50-670(d)
Kentucky	No, prior or existing business relationship required.	N/A	Ky. Stat. § 367.46951
Louisiana	No, prior contractual or business relationship required.	N/A	La. Stat. § 51:1746
Maine	No, contractual or business relationship required.	N/A	10 Me. Stat. § 1496
Maryland	No, preexisting business relationship required.	N/A	Md. Comm. Code 14-1313
Massachusetts	No, existing customer relationship required. ⁵ unless the fax is made to an existing customer who has maintained an account or had a business relationship within the previous 24 months.	N/A	Mass. Laws ch. 159C, § 3
Michigan	No, prior consent required.	N/A	Mich. Stat. § 445.1772
Minnesota	Yes	Fax must include: Toll-free telephone number that would allow the recipient to notify the sender not to fax the recipient any further unsolicited documents. Statement, in at least 9-point type, informing the recipient of the toll-free telephone number and a valid return address to which the recipient may use to notify the sender not to transmit any further unsolicited documents.	Minn. Stat. § 325E.395.
Mississippi	No state restrictions	N/A	N/A
Missouri	No state restrictions	N/A	N/A
Montana	No, prior express permission required.	N/A	Mont. Code § 30-14-1501
Nebraska	No, prior express consent required.	N/A	Neb. Stat. § 86-245
Nevada	No, preexisting business relationship required.	N/A	Nev. Stat. § 207.325
New Hampshire	No state restrictions	N/A	N/A
New Jersey⁶	No, existing business relationship required.	Messages sent pursuant to an existing business relationship must contain a clear and conspicuous notice on the first page of the unsolicited advertisement including: Disclosure to the recipient that the recipient may request the sender of the unsolicited advertisement not to send any future unsolicited advertisements to the recipient's telephone facsimile machine; and The domestic address and facsimile machine number for the recipient to transmit such a request to the sender.	N.J. Stat. § 56:8-158
New Mexico	Yes	The person sending the facsimile establishes a toll-free telephone number that a recipient of the unsolicited advertisement may call to notify the person not to send the recipient any additional unsolicited advertisement; and The unsolicited advertisement includes a statement, in at least nine-point type, informing the recipient of the toll-free telephone number that the recipient may call to notify the sender not to send the recipient any additional unsolicited information.	N.M. Stat. § 57-12-23
New York⁷	No, prior contractual or business relationship required.	Every message shall contain a notice that: Informs the recipient of the ability, to prevent the transmission of future unsolicited telefacsimile messages. Such notice shall be clear and conspicuous and on the first page of the telefacsimile message and include a domestic contact telephone number and facsimile machine number for the recipient to transmit such a request to the initiator. If neither the required telephone number or facsimile machine number is a toll-free number, a separate cost-free mechanism including a website address or email address, for a recipient to transmit a request pursuant to such notice to the sender of the message shall also be provided. A local telephone number also shall constitute a cost-free mechanism so long as recipients are local and will not incur any long distance or other separate charges for calls made to such number. The telephone and facsimile numbers and cost-free mechanism identified in the notice must permit an individual or business to make a request to prevent the transmission of future unsolicited advertisements twenty-four hours a day, seven days a week.	N.Y. Gen. Bus. Code § 396-aa
North Carolina	No, established business relationship required	Fax must include at the top or bottom of each page: Date and time sent. Identification of the business sending the message. Telephone number of the sending machine or the business.	N.C. Stat. § 75-102
North Dakota	No, prior contractual or business relationship required.	N/A	N.D. Stat. § 51-07-23
Ohio⁹	If made to a business telephone number, prior written permission or a pre-existing business relationship required. No, if made to a residential telephone number, prior written permission is required.	N/A	Ohio Code § 4931.75
Oklahoma	No, prior or existing business relationship required.	N/A	21 Okla. Stat. § 1863
Oregon	Yes, but may not fix unsolicited advertising material for the sale of reality, goods or services to a person who gives the discontinuance notice for a period of one calendar year from the date the notice was given	N/A	Oreg. Stat. § 646A.360.
Pennsylvania	Yes	Sender must operate toll-free number that the recipient may call to notify the sender not to transmit further documents.	73 Pa. Stat. § 2250.3
Rhode Island	Yes	Toll free number must be disclosed allowing the recipient to notify the sender not to fax any further unsolicited documents. First text in the body of the message must be a statement of the same size type as the majority of the text of the message and must inform the recipient of the of the toll free number in (1) above.	R.I. Stat. § 6-47-1
South Carolina	No, prior or current business relationship required.	N/A	S.C. Stat. § 15-75-50
South Dakota	No state restrictions	N/A	N/A
Tennessee	No, prior express invitation or permission required.	Faxes must include at the top or bottom of each page or on the first page of the transmission: Date and time of the transmission. Identification of the business, other entity, or individual sending the message. Telephone number of the sending machine or of the business.	Tenn. Stat. § 65-4-502.
Texas	No, prior consent required.	Transmissions may only be made 7 a.m.-11 p.m.	Tex. Bus. & Come. Code §§ 305.002, 305.003
Utah	No, prior express consent or established business relationship required. ¹⁰	N/A	Utah Code § 13-25a-104
Vermont	No state restrictions	N/A	N/A
Virginia	No, transmission of unsolicited advertising material is prohibited.	N/A	Va. Code § 8.01-40.2
Washington	No, prior contractual or business relationship required.	N/A	Wash. Code § 80.36.540
West Virginia	Yes, unless the initiator has been given notice that the recipient does not wish to receive such unsolicited commercial facsimile transmissions.	N/A	W.V. Stat. § 46A-2-139
Wisconsin	No, previous business relationship required.	Document may not exceed one page in length. May only be sent between 6 a.m. and 9 p.m. Must contain name of sender.	Wis. Stat. § 134.72
Wyoming	No state restrictions	N/A	N/A

Footnotes:
⁰¹ Even if facsimile transmissions are allowed, these restrictions still apply.
⁰² Under federal law, "established business relationship" is defined as "a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business or residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party." 47 C.F.R. § 64.1200(f)(5).
⁰³ The California statute only applies to intrastate calls. See Chamber of Commerce v. Lockyer, 2006 US Dist LEXIS 8324 (2006, E.D. Cal. 2006).
⁰⁴ Under Idaho law, "established business relationship" is defined as a relationship that "was formed, prior to a telephone solicitation, through a voluntary, two-way communication between a seller or telephone solicitor and a residential subscriber, with or without consideration, on the basis of an application, purchase, ongoing contractual agreement, or commercial transaction between the parties regarding products or services offered by such seller or telephone solicitor; has not been previously terminated by either party; and currently exists or has existed within the immediately preceding 18 months." Idaho Code § 48-1002(3).
⁰⁵ Under Massachusetts law, "existing customer" is defined as "residential telephone subscriber who has maintained an account or had a business relationship within the previous 24 months." Mass. Gen. Laws ch. 159C, § 3.
⁰⁶ Under New Jersey law, this statute only applies to transmissions made within the state, i.e. intrastate calls.
⁰⁷ The New York statute only applies to intrastate transmissions. See Gottlieb v Carnival Corp., 367 F Supp 2d 301 (E.D. N.Y. 2005).
⁰⁸ Under North Carolina law, "established business relationship" is defined as "a relationship between a seller and a consumer based on: (1) the consumer's purchase, rental or lease of the seller's goods or services or a financial transaction between the consumer and the seller or one of more of its affiliates within the 18 months immediately preceding the date of an unsolicited advertisement; or (2) the consumer's inquiry or application regarding a product or service offered by the seller within the three months immediately preceding the date of an unsolicited advertisement." N.C. Stat. § 75-115.
⁰⁹ Under Ohio law, this statute applies to calls made within the state (i.e. intrastate calls).
¹⁰ "Established business relationship" is defined as a relationship that "is based on an inquiry, application, purchase, or transaction regarding products or services offered, and has not been terminated by, the passage of 18 months since the most recent inquiry, application, purchase, transaction, or voluntary two-way communication." Utah Code § 13-25a-102(4).

Publish Date: July 23, 2009