(1)  Except as provided in Subsection (2), a person may not operate or authorize the operation of a facsimile machine to send an advertisement.

Terms Used In Utah Code 13-25a-104

  • Advertisement: means material offering for sale, or advertising the availability or quality of, any property, good, or service. See Utah Code 13-25a-102
  • Established business relationship: includes a relationship with an affiliate as defined in Section 16-10a-102. See Utah Code 13-25a-102
  • Facsimile machine: means equipment used for:
(a) scanning or encoding text or images for conversion into electronic signals for transmission; or
(b) receiving electronic signals and reproducing them as a duplicate of the original text or image. See Utah Code 13-25a-102
  • Person: means :Utah Code 68-3-12.5
    • (2)  A person may operate a facsimile machine if the advertisement is sent:

    (a)  with the prior express written consent of the person who receives the facsimile agreeing to receive the facsimile from a specific solicitor; or

    (b)  to a person with whom the solicitor has an established business relationship.

    (3)  A person may not make or authorize the sending of an advertisement by facsimile in violation of Title 47 U.S.C. § 227.

    Amended by Chapter 263, 2003 General Session

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