Findlaw history, summary and current status of the Junk Fax Prevention Act of 2004 (H.R. 4600)
Death of the EBR Exemption May Be “Greatly Exaggerated”
“Rep. Dingell noted in his statement that the FCC’s desire to eliminate the EBR exemption “may quickly become an onerous burden, especially on small businesses and trade associations.” He noted that under the FCC’s new rules, his favorite restaurant would be unable to fax him an updated menu.’”
With this provision is seems like EVERY junk fax is legal. How can a plaintiff prove that they never ate at a restaurant or never called a business or its affiliates?
What am I missing?
Why should THOUSANDS of people who made the mistake of eating at Rep. Dingell’s favorite restaurant be bothered with the faxed menus just because Dingle is too lazy to sign up for the fax broadcast list while he’s there eating?
I have called restaurants and requested a faxed menu and I requested that businesses fax to me more information about their products. But those aren’t unsolicited faxes.
When I call on a product or service and I request more info to be faxed to me, that does NOT mean that I want them to fax me their weekly newsletter, specials, menus or whatever they fax to thousands or millions.
The written permission should absolutely be required for unsolicited faxes.
I’ve read about junk faxers providing telephone records from years earlier, claiming that the recipient requested the faxes during that call. Nobody can ever prove what was really said in this conversation, it leads to unnecessary litigation and just gives the junk faxers a way out.
It would be a good idea if people subjected to that defense brought it to the attention of Congress.
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