Synopsis As Introduced Amends the Criminal Code of 1961. Provides that a person who uses or causes the use of a facsimile machine to send unsolicited advertising is liable in a civil action to the recipient, or other person who suffered damages as a result of the violation. Provides that the recipient or other person suffering damages may: (1) bring an action to enjoin such violation; (2) bring an action to recover actual damages from such a violation or to receive $1,000 in damages for each such violation, whichever is greater; and (3) in either event (1) or (2), recover court costs, attorney's fees, or any other relief the court deems proper. Provides that a criminal prosecution or conviction is not a condition of a civil action under the Statute. Effective immediately.
House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill. Amends the Criminal Code of 1961. Changes the definition of "facsimile machine". Adds definition of "established business relationship". Provides that nothing in the statute prohibits the use of a facsimile machine to send unsolicited advertising or fund-raising material if the sender has an established business relationship with the recipient of the facsimile transmission and the recipient is provided a toll-free number or email address to contact to be excluded from receiving facsimile transmissions by the sender. Provides that if the sender continues to send unsolicited advertising or fund-raising material to the recipient after the recipient calls the toll-free number or emails the address provided and requests not to be sent the unsolicited advertising or fund-raising material by the sender and the recipient can document such request, the provisions of the statute relating to criminal and civil penalties apply. Provides that if a business contracts with a national facsimile transmission service to send unsolicited advertising or fund-raising material, the national facsimile transmission service must prove that the sender contracted for such service in order for the sender to be liable for the criminal and civil penalties provided in the statute. Effective immediately.