§ 21-1862. Commercial solicitation by facsimile device - Definitions.

As used in this act:

"Facsimile device" means a machine capable of receiving and reproducing facsimiles of text or images transmitted electronically or telephonically through telecommunication lines connecting to the machine; and

"Commercial solicitation" means an unsolicited electronic or telephonic transmission to a facsimile device to encourage the purchase of goods, realty, services or to advertise availability of such goods, realty or services.  Commercial solicitation shall not include an electronic or telephonic transmission to a facsimile device:

a.  made in the course of prior negotiations,

b.  made to a party with whom there was a prior business relationship or an existing relationship,

c.  made in the course of a follow up to a sales call, sales lead or other business-related contact; or

d.  made after normal business hours and two pages or less in length.

Added by Laws 1990, c. 169, § 1, emerg. eff. May 2, 1990.