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The following
table lists a synopsis of the various state laws related to junk faxing,
and where possible, the state name contains a link to the full text of the
statute. (See our sister site, The
TCPA Law Site, for information on state telemarketing laws).
I welcome any additions or corrections.
If you are familiar with the laws in a state not listed here, please email
me with the text of the law, and, if possible, a URL to the online
resource, preferably a web site maintained by the state.
Sorry
- this is still under construction...
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State
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Synopsis
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Oklahoma
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Prohibited.
Misdemeanor with $500 - $1000 fine for each fax sent during "business
hours" or for faxes more than 2 pages sent after hours. [21
O.S. § 1863]
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California
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Utah
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Prohibited; administrative
fines up to $1,000 per violation, deliberate violations criminal
offense with fines of up to $2,500. Also, private right of
action for the greater of $500 or or the amount of the pecuniary
loss, plus court costs and attorney's fees. [13-25a-104]
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Florida
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Intrastate faxes prohibited;
A.G. can impose civil penalty of up to $500 per fax, injunctive
relief. [365.1657]
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Texas
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TCPA actions specifically authorized;
additionally, junk faxes sent between 11 PM - 7 AM a criminal offense.
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Minnesota
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Toll-free number and mailing
address for removal must be in at least 9-point type; removal requests
must be honored, private right to sue for damages & costs. [325E.395]
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South
Carolina
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Prohibited; private right of
action for the greater of damages & costs or $200 available
if faxes continue after notification to stop. [15-75-50]
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Colorado
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Toll-free number for removal
must be provided. Civil remedy of the greater of actual damages
or $500, plus attorneys' fees.
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Nebraska
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Prohibited. Class II
Misdemeanor with administrative fine of up to $1,000 per violation.
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© 1999-2005 Robert
H. Braver, Norman, Oklahoma. Nothing in this web site should be construed
as legal advice. This web site is provided for information purposes only.
Opinions presented are those of Mr. Braver (or other contributors as indicated).
The operators of this site will not give, sell, or otherwise transfer
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