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This entry was published on 2014-09-22
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SECTION 396-AA*2
Unsolicited telefacsimile advertising
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 396-aa. Unsolicited telefacsimile advertising. 1. It shall be
unlawful for a person, corporation, partnership or association to
initiate the unsolicited transmission of telefacsimile messages
promoting goods or services for purchase by the recipient of such
messages. For purposes of this section, "telefacsimile" shall mean every
process in which electronic signals are transmitted by telephone lines
for conversion into written text. This section shall not apply to
telefacsimile messages sent to a recipient with whom the initiator has
had a prior contractual or business relationship. Notwithstanding the
above, it shall be unlawful to initiate any telefacsimile message to a
recipient who has previously clearly indicated to the initiator by any
verbal, written or electronic means that the recipient does not want to
receive telefacsimile messages from the initiator.

2. Every unsolicited telefacsimile message sent to a recipient shall
contain a notice that informs the recipient of the ability, granted by
subdivision one of this section, 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.

3. Any person who has received a telefacsimile transmission in
violation of this section may bring an action in his own name to recover
his actual damages or one hundred dollars, whichever is greater.

* NB There are 2 § 396-aa's