Junk Fax Prevention Act of 2004

Bill: 108-hr-4600
Sponsor: Rep. Upton, Fred [R-MI-6]
Introduced: 2004-06-16 in the House
Policy area: Science, Technology, Communications
Subjects: Administrative procedure
Advertising
Collection of accounts
Commerce
Congress
Congressional investigations
Congressional reporting requirements
Consumer complaints
Consumer education
Consumer protection
Direct mail advertising
Facsimile transmission
Federal Communications Commission
Fines (Penalties)
Forfeiture
Government Operations and Politics
Government paperwork
Government statistics
Independent regulatory commissions
Law
Nonprofit organizations
Professional associations
Social Welfare
Tax-exempt organizations
Taxation
Telemarketing
Telephone
Trade associations

Summary:
action_date: 2004-06-16
text: 
Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; and (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request.
 
Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes.
 
Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.

action_date: 2004-07-09
text: 
Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement, unless the advertisement: (1) is from a sender with an established business relationship with the recipient; and (2) contains a notice on its first page that the recipient may request not to be sent any future unsolicited advertisements, and that failure to comply with such request is unlawful. Requires such notice to include a domestic contact telephone and fax machine number for the recipient to transmit such a request, as well as a cost-free mechanism for sending the request.
 
Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to the sender to have such advertisements sent. Authorizes the FCC to allow tax-exempt, nonprofit professional or trade associations to send unsolicited advertisements to their members in furtherance of professional or association purposes.
 
Authorizes the FCC, upon determining a significant number of complaints involving unsolicited fax advertisements, to limit the duration of the existence of an &quot;established business relationship&quot; exemption to a period not shorter than five and not longer than seven years after the last occurrence of an action sufficient to establish such relationship.
 
Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.

action_date: 2004-07-20
text: 

(This measure has not been amended since it was reported to the House on July 9, 2004. The summary of that version is repeated here.)

 
Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement, unless the advertisement: (1) is from a sender with an established business relationship with the recipient; and (2) contains a notice on its first page that the recipient may request not to be sent any future unsolicited advertisements, and that failure to comply with such request is unlawful. Requires such notice to include a domestic contact telephone and fax machine number for the recipient to transmit such a request, as well as a cost-free mechanism for sending the request.
 
Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to the sender to have such advertisements sent. Authorizes the FCC to allow tax-exempt, nonprofit professional or trade associations to send unsolicited advertisements to their members in furtherance of professional or association purposes.
 
Authorizes the FCC, upon determining a significant number of complaints involving unsolicited fax advertisements, to limit the duration of the existence of an &quot;established business relationship&quot; exemption to a period not shorter than five and not longer than seven years after the last occurrence of an action sufficient to establish such relationship.
 
Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.


Legislative actions:
action_date: 2004-07-23
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2004-07-21
text: Received in the Senate.
action_date: 2004-07-20
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-07-20
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text:  CR H6089-6091)
action_date: 2004-07-20
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text:  CR H6089-6091)
action_date: 2004-07-20
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4600.
action_date: 2004-07-20
text: Considered under suspension of the rules. (consideration:  CR H6089-6093)
action_date: 2004-07-20
text: Mr. Upton moved to suspend the rules and pass the bill, as amended.
action_date: 2004-07-09
text: Placed on the Union Calendar, Calendar No. 355.
action_date: 2004-07-09
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-593.
action_date: 2004-07-09
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-593.
action_date: 2004-06-24
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2004-06-24
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-06-16
text: Referred to the Subcommittee on Telecommunications and the Internet.
action_date: 2004-06-16
text: Referred to the House Committee on Energy and Commerce.
action_date: 2004-06-16
text: Introduced in House
action_date: 2004-06-16
text: Introduced in House