Junk Fax Prevention Act of 2005

Bill: 109-s-714
Sponsor: Sen. Smith, Gordon H. [R-OR]
Introduced: 2005-04-06 in the Senate
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
Small business
Social Welfare
Tax-exempt organizations
Taxation
Telemarketing
Telephone
Trade associations

Summary:
action_date: 2005-04-06
text: 
Junk Fax Prevention Act of 2005 - 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: 2005-06-07
text: 
Junk Fax Prevention Act of 2005 - 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: (1) allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes; and (2) establish a time limit on established business relationships for purposes of this Act.
 
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: 2005-06-24
text: 
Junk Fax Prevention Act of 2005 - 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; (2) the sender obtained the fax number through voluntary communication from the recipient or from an Internet directory or site to which the recipient voluntarily made the fax number available for public distribution; and (3) 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: (1) allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes; and (2) establish a time limit on established business relationships for purposes of this Act.
 
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: 2005-06-28
text: 

(This measure has not been amended since it was passed by the Senate on June 24, 2005. The summary of that version is repeated here.)

 
Junk Fax Prevention Act of 2005 - 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; (2) the sender obtained the fax number through voluntary communication from the recipient or from an Internet directory or site to which the recipient voluntarily made the fax number available for public distribution; and (3) 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: (1) allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes; and (2) establish a time limit on established business relationships for purposes of this Act.
 
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: 2005-07-09
text: 

(This measure has not been amended since it was passed by the Senate on June 24, 2005. The summary of that version is repeated here.)

 
Junk Fax Prevention Act of 2005 - 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; (2) the sender obtained the fax number through voluntary communication from the recipient or from an Internet directory or site to which the recipient voluntarily made the fax number available for public distribution; and (3) 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: (1) allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes; and (2) establish a time limit on established business relationships for purposes of this Act.
 
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: 2005-07-09
text: Became Public Law No: 109-21.
action_date: 2005-07-09
text: Became Public Law No: 109-21.
action_date: 2005-07-09
text: Signed by President.
action_date: 2005-07-09
text: Signed by President.
action_date: 2005-06-30
text: Presented to President.
action_date: 2005-06-30
text: Presented to President.
action_date: 2005-06-28
text: Cleared for White House.
action_date: 2005-06-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-06-28
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5262-5263)
action_date: 2005-06-28
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H5262-5263)
action_date: 2005-06-28
text: DEBATE - The House proceeded with forty minutes of debate on S. 714.
action_date: 2005-06-28
text: Considered under suspension of the rules. (consideration: CR H5262-5265)
action_date: 2005-06-28
text: Mr. Upton moved to suspend the rules and pass the bill.
action_date: 2005-06-24
text: Held at the desk.
action_date: 2005-06-24
text: Message on Senate action sent to the House.
action_date: 2005-06-24
text: Received in the House.
action_date: 2005-06-24
text: Passed Senate with amendments by Unanimous Consent. (text: CR S7382-7383)
action_date: 2005-06-24
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR S7382-7383)
action_date: 2005-06-24
text: The committee amendments agreed to by Unanimous Consent.
action_date: 2005-06-24
text: Measure laid before Senate by unanimous consent. (consideration: CR S7380-7383; text of measure as reported in Senate: CR S7380-7382)
action_date: 2005-06-07
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 120.
action_date: 2005-06-07
text: Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with amendments. With written report No. 109-76.
action_date: 2005-06-07
text: Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with amendments. With written report No. 109-76.
action_date: 2005-04-14
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.
action_date: 2005-04-13
text: Committee on Commerce, Science, and Transportation Subcommittee on Trade, Tourism, and Economic Development. Hearings held. With printed Hearing: S.Hrg. 109-278.
action_date: 2005-04-06
text: Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S3280-3281)
action_date: 2005-04-06
text: Sponsor introductory remarks on measure. (CR S3280)
action_date: 2005-04-06
text: Introduced in Senate

Enacted as: number: 109-21