* § 396-aa. Unsolicited telefacsimile advertising. 1. It shall be\nunlawful for a person, corporation, partnership or association to\ninitiate the unsolicited transmission of telefacsimile messages\npromoting goods or services for purchase by the recipient of such\nmessages. For purposes of this section, "telefacsimile" shall mean every\nprocess in which electronic signals are transmitted by telephone lines\nfor conversion into written text. This section shall not apply to\ntelefacsimile messages sent to a recipient with whom the initiator has\nhad a prior contractual or business relationship. Notwithstanding the\nabove, it shall be unlawful to initiate any telefacsimile message to a\nrecipient who has previously clearly indicated to the initiator by any\nverbal, written or electronic means that the recipient does not want to\nreceive telefacsimile messages from the initiator.\n 2. Every unsolicited telefacsimile message sent to a recipient shall\ncontain a notice that informs the recipient of the ability, granted by\nsubdivision one of this section, to prevent the transmission of future\nunsolicited telefacsimile messages. Such notice shall be clear and\nconspicuous and on the first page of the telefacsimile message and\ninclude a domestic contact telephone number and facsimile machine number\nfor the recipient to transmit such a request to the initiator.\n If neither the required telephone number or facsimile machine number\nis a toll-free number, a separate cost-free mechanism including a\nwebsite address or email address, for a recipient to transmit a request\npursuant to such notice to the sender of the message shall also be\nprovided. A local telephone number also shall constitute a cost-free\nmechanism so long as recipients are local and will not incur any long\ndistance or other separate charges for calls made to such number. The\ntelephone and facsimile numbers and cost-free mechanism identified in\nthe notice must permit an individual or business to make a request to\nprevent the transmission of future unsolicited advertisements\ntwenty-four hours a day, seven days a week.\n 3. Any person who has received a telefacsimile transmission in\nviolation of this section may bring an action in his own name to recover\nhis actual damages or one hundred dollars, whichever is greater.\n * NB There are 2 § 396-aa's\n
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