New law strengthens Tennessee’s Do-Not-Fax program

Angela Nichole Phillips

Angela Nichole Phillips

NASHVILLE (AP) — A new law is intended to strengthen the state’s Do-Not-Fax program by shifting the burden to companies sending unsolicited advertising by fax.

The law signed last week by Gov. Phil Bredesen requires companies to obtain permission from the recipient before sending a commercial fax. The old law required recipients to tell companies to remove their number from the fax list.

“This is a consumer-friendly law that’s as popular as the National Do-Not-Call list for telephone solicitations,” said Debi Tate, chairman of the Tennessee Regulatory Authority. “It’s intended to prevent unwanted entry into one’s home or business fax.”

The bill creating the new law was sponsored by Sen. Doug Henry, D-Nashville, and Charlotte Burks, D-Monterey, as well as Rep. Jere Hargrove, D-Cookeville and House Speaker Jimmy Naifeh, D-Covington.

The TRA is in charge of enforcement.

The new law defines an “unwanted fax advertisement” as “any material advertising the commercial availability or quality of any property, goods or services” transmitted to anyone in Tennessee “without such person’s prior invitation or permission.”

Individuals or companies sending a commercial fax must include the sender’s name and telephone number on each page of the fax.

The new law doesn’t cover every unsolicited fax — only unsolicited advertisements. It doesn’t cover unsolicited e-mail, or “spam.”

The law also doesn’t apply to established commercial relationships such as a real estate agent and customer, a lawyer and client or a doctor and patient, Tate said.

Violation of the law can result in a civil penalty of $2,000 or each violation. Each page of each unsolicited fax may be considered a separate violation.

The first law took effect on July 1, 2003. Since then, the Tennessee Regulatory Agency has received 725 complaints and settled one case for $2,000.

Brian Sullivan, office manager for Professional Real Estate School in Knoxville, said his company was hit with a fine.

“We’ve redone our faxing program and now send only to people who request information,” he said. “The new law has drastically changed the way we do business. It’s a little inconvenient, but I understand what it’s like to get unsolicited faxes.”

Persons who receive an unwanted commercial fax may file a complaint by contacting the Tennessee Regulatory Authority at www.state.tn.us/tra.