(A) No person may use a machine that electronically transmits facsimiles through connection with a telephone network to transmit unsolicited advertising material which offers to sell goods or services except as follows: (1) where a prior or current business relationship exists between the sender and receiver; (2) where the facsimile transmission is sent as a follow-up or response to a sales call, sales lead, or other business or association-related contact. (B) A person aggrieved by a violation of the provisions of subsection (A) may bring a civil action to enjoin further violations and to recover the actual damages sustained by reason of the violation, together with costs and a reasonable attorney's fee, or two hundred dollars, whichever is greater. Editor's Note Section 3 of 1991 Act No. 58, effective May 27, 1991, provides as follows: "The provisions of this act do not apply to persons submitting bids for services or materials to be used in connection with nonresidential construction projects."
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