Legal Question in Business Law in Florida

Legality of advertising by spam fax

I would like to solicit products to business employees and or owners' phone fax numbers. Is fax to fax advertising legal in Florida? I heard the federal law prohibiting this medium only applies to California.


Asked on 12/05/06, 1:58 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Legality of advertising by spam fax

While there may be some federal laws that affect only one state, that would not be the case with laws affecting use of facsimile machines to send unsolicited messages. Indeed, the federal government's authority to regulate the sending of FAXes is probably derived from its constitutional power to regulate interstate commerce. I think you information is based upon wishful thinking.

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Answered on 12/05/06, 2:46 pm
Timothy J. Walton Internet Attorney

Re: Legality of advertising by spam fax

The only way to send fax advertising legally in America is to procure the recipient's explicit consent in advance.

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Answered on 12/05/06, 6:45 pm


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