Page:United States Statutes at Large Volume 119.djvu/377

 PUBLIC LAW 109–21—JULY 9, 2005

119 STAT. 359

Public Law 109–21 109th Congress An Act To amend section 227 of the Communications Act of 1934 (47 U.S.C. 227) relating to the prohibition on junk fax transmissions.

July 9, 2005 [S. 714]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Junk Fax Prevention Act of 2005’’.

Junk Fax Prevention Act of 2005. 47 USC 609 note.

SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED ADVERTISEMENTS.

(a) PROHIBITION.—Section 227(b)(1)(C) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read as follows: ‘‘(C) to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement, unless— ‘‘(i) the unsolicited advertisement is from a sender with an established business relationship with the recipient; ‘‘(ii) the sender obtained the number of the telephone facsimile machine through— ‘‘(I) the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or ‘‘(II) a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution, except that this clause shall not apply in the case of an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before the date of enactment of the Junk Fax Prevention Act of 2005 if the sender possessed the facsimile machine number of the recipient before such date of enactment; and ‘‘(iii) the unsolicited advertisement contains a notice meeting the requirements under paragraph (2)(D), except that the exception under clauses (i) and (ii) shall not apply with respect to an unsolicited advertisement sent to a telephone facsimile machine by a sender to whom a request has been made not to send future unsolicited advertisements to such telephone facsimile machine that

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