HOUSE BILL REPORT

HB 1513

BYRepresentatives Jacobsen, Todd, Anderson, Heavey, K. Wilson, Dellwo, Beck, Bowman and Appelwick

Restricting the use of facsimile devices for commercial solicitation.

House Committe on Energy & Utilities

Majority Report:  Do pass with amendment. (13)

      Signed by Representatives Nelson, Chair; Todd, Vice Chair; Hankins, Ranking Republican Member; Brooks, Cooper, Gallagher, Jacobsen, Jesernig, May, R. Meyers, Miller, H. Myers and S. Wilson.

House Staff:Deborah Senn (786-7384)

AS REPORTED BY COMMITTEE ON ENERGY & UTILITIES FEBRUARY 7, 1989

BACKGROUND:

A telefacsimile machine is a device that is capable of receiving, and copying onto paper, reasonable reproductions or facsimiles of documents and photographs that have been transmitted electronically or telephonically over telecommunications lines.  Fax machines, as they are known, have existed for some time.  However, not until recently has the technology improved to the point that they are easier and more convenient to use.

In 1988, the industry predicted that 800,000 units would be sold in the United States.  By third quarter, 1988 over 1,800,000 units had been sold.  Sales for 1989 are predicted to be 2,000,000.  The industry has predicted that by 1993, there will be a Fax in every home.

Recently, some Fax users have received advertising on their Fax machines.  Some have complained that commercial solicitation by Fax ties up valuable time and resources. There is also a bounty on Fax numbers so that solicitors will be able to obtain more Fax users. 

SUMMARY:

BILL AS AMENDED:  It is a violation of the Consumer Protection Act to make a commercial solicitation over a Fax machine without first obtaining the consent of the Fax machine owner.  The damages are presumed to be $500.

AMENDED BILL COMPARED TO ORIGINAL:  The original bill contained an absolute prohibition of commercial solicitation through fax.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Ravelle Brickman; Pauline Bowers.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    It is a great inconvenience and costly to Fax machine owners to receive advertising over their machines.

House Committee - Testimony Against:      None Presented.