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

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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:
         (5)(a) scanning or encoding text or images for conversion into electronic signals for transmission; or
         (5)(b) receiving electronic signals and reproducing them as a duplicate of the original text or image. See Utah Code 13-25a-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
(2) A person may operate a facsimile machine if the advertisement is sent:

     (2)(a) with the prior express written consent of the person who receives the facsimile agreeing to receive the facsimile from a specific solicitor; or
     (2)(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.