New Fax Law Update from "Uncle Herman"

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CALIFORNIA NEW “DO NOT FAX LAW” EFFECTIVE JANUARY 1, 2006 PROVIDES NO EXCEPTIONS TO EXPRESS PERMISSION TO FAX

FACTS

Senate Bill 833 enacts California Business and Professions Code Section 17538.43 effective January 1, 2006. This prevents everyone from faxing an unsolicited advertisement to anyone WITHOUT EXPRESS PERMISSION. The penalty is $500 per fax and tripled to $1,500 if the court determines the sending is a willful violation of this law. Specifically the code defines the term unsolicited advertisement as:

"Unsolicited advertisement" means any material advertising the commercial
availability or quality of any property, goods, or services that is transmitted
to any person or entity without that person's or entity's prior express invitation or permission. Prior express invitation or permission may be obtained for a specific or unlimited number of advertisements and may be obtained for a specific or unlimited period of time.

This does not apply to a professional or trade association that is a tax exempt non profit organization PROVIDED the member gives the fax number and states the terms and conditions of the fax.

There are additional requirements at what must appear at the top of the fax line. (B&PC §17538.43)

MORAL

This new law is even more restrictive than the federal law. You will be getting sued by more and more people suing you for this violation. This is because a prior business relationship does not count. You must have express permission to send the fax. This law affects anyone sending from or receiving the fax in California. Welcome to the world of Small Claims court.

JANUARY 18, 2006-NEW LAWS LEGISLATION AND CASES AFFECTING THE ABILITY OF THE MORTGAGE BROKER TO MAKE A LIVING, NEW DISCLOSURE FORM IN PURCHASE OF PROPERTY-NEW CALIFORNIA ANTI-FAX LAW THAT GUARANTEES YOU WILL BE SUED-6 HUTTON CENTRE DRIVE, SUITE 100, SANTA ANA, CALIF.

REGISTER BEFORE JANURAY 11, 20076 COST IS $95. REGISTER AFTER JANUARY 11, 2006 COST IS $175. SEMINAR WILL HAVE A SYLLABUS FOR ALL ATTENDEES.

JANUARY 25, 2006-LAS VEGAS, NEVADA

NEW LAWS LEGISLATION AND CASES AFFECTING THE ABILITY OF THE MORTGAGE BROKER TO MAKE A LIVING, NEW DISCLOSURE FORM IN PURCHASE OF PROPERTY-NEW CALIFORNIA ANTI-FAX LAW THAT GUARANTEES YOU WILL BE SUED - SOUTHWEST TITLE, 8215 South Eastern Suite 100 Henderson, NV 89123