(a) (1) In this section the following words have the meanings indicated. (2) (i) "Commercial solicitation" means the unsolicited electronic or telephonic transmission in the State to a facsimile device to encourage a person to purchase goods, realty, or services. (ii) "Commercial solicitation" does not include: 1. An electronic or telephonic transmission made in the course of prior negotiations; or 2. An electronic or telephonic transmission made in the course of a preexisting business relationship with the person receiving the transmission. (3) "Facsimile device" means a machine that receives and copies reproductions or facsimiles of documents or photographs that have been transmitted electronically or telephonically over telecommunications lines. (b) A person may not make intentionally an electronic or telephonic transmission to a facsimile device for the purpose of commercial solicitation. (c) (1) The Attorney General may initiate a civil action against any person who violates this section to recover for the State a penalty not to exceed $1,000 for each violation. (2) For the purposes of this section, each prohibited commercial solicitation is a separate violation.
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