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I hate junk faxes. You hate junk faxes. We all hate junk faxes! California legislature passed a law prohibiting, but it has been delayed by a legal challenge.

Junk Fax Prevention Act

In 2005, the State of California to the Junk Fax Prevention Act. The legislators were reacting to the screaming throng of companies on the junk faxes received daily. The problem with junk faxes, is not only annoying, it is the wear and tear on fax machines as well as the use of paper and toner. When adopting the new law, the legislature should help businesses. In truth, I can imagine, they just wanted to free their own faxes, but I digress.

The Junk Fax Prevention Act was to come into force on 1 January 2006. In a rather shocking move, the U.S. Chamber of Commerce filed for an injunction which was granted. Admission to the Chamber of Commerce and Industry is Xpedite Systems, a fax company. Filed in federal court, the warrant was issued and the law was not enforced. A hearing on the issue held on 23 January 2006 with the earliest resolution of the matter is the 30th January 2006.

At the heart of the dispute is an exception to the law known as the former business relationship exemption. Under federal law, a person send a fax to a person or company with which it is a previous business relationship. The problem is that there is no test for the determination of a previous business relationship. The California law to require that such a business relationship.

Ironically, the U.S. Chamber of Commerce was one of the largest and most boisterous supporters of the federal junk fax law. In a mysterious change in the location, the Chamber of Commerce and Industry is now taking the position that California law is inappropriate for small-and medium-sized enterprises.

This position is so much Hogwash, a typical attitude for Industry and Commerce. In assessing such bland statement positions, it is always important that common sense. In this case, a company sending faxes to customers is easy to have proof of such a relationship. In fact, most companies now communicate via e-mail with their customers instead of a fax. If something is written to go, it is usually by post.

Intentionally or not, the parties only, the U.S. Chamber of Commerce protects the junk fax sender. What a shame. Let's hope the court makes the board in its place.