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OH HB183

Bill

Status

Introduced

5/19/2009

Primary Sponsor

Barbara Boyd

Click for details

Origin

House of Representatives

128th General Assembly (2009-2010)

AI Summary

  • Expands the definition of "advertisement" to include any message promoting the availability or quality of goods, property, or services, rather than limiting it to real estate sales.

  • Prohibits transmission of advertisements to facsimile devices at business premises without prior permission or a pre-existing business relationship, and requires written permission for residential facsimile devices.

  • Eliminates criminal penalties for violating facsimile advertisement restrictions and replaces them with a civil remedy allowing recipients to recover $1,000 per violation if a court determines a violation occurred.

  • Removes the previous criminal penalties of minor misdemeanor for first offense and first-degree misdemeanor for subsequent offenses related to violations of facsimile advertisement rules.

  • Maintains requirement that transmissions occur between 7 p.m. and 5 a.m. when requested by the device owner or lessee.

Legislative Description

To abolish the criminal penalty for sending an unwanted facsimile advertisement to a business entity, and to establish that a person may recover one thousand dollars in a civil action for such a violation.

Unwanted fax to business-civil remedy only

Last Action

To Civil & Commercial Law

5/19/2009

Full Bill Text

No bill text available