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California Fax Law - Opt-In Required

October 28, 2005

In March of 2006 a California federal court ruled that the state's new fax ban law is preempted by the federal Telephone Consumer Protection Act, except as the ban applies to intrastate faxes. The law would have made it unlawful for a person, if located in California or if the recipient is located in California, to send an unsolicited advertisement to a fax machine without that person's prior express invitation or permission. Worth noting, the court left open the question of whether the FCC has exclusive authority to regulate interstate commercial faxes.

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