HB 762 - AS INTRODUCED
2003 SESSION
06/09
HOUSE BILL 762
AN ACT relative to the transmission of unsolicited material via facsimile transmission.
SPONSORS: Rep. R. L'Heureux, Hills 58; Rep. Dickinson, Carr 4; Rep. Perkins, Merr 33; Sen. Roberge, Dist 9; Sen. Martel, Dist 18; Sen. Estabrook, Dist 21
This bill prohibits the transmission of unsolicited material to facsimile machines and creates a cause of action to enforce the prohibition.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0096
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to the transmission of unsolicited material via facsimile transmission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Unsolicited Facsimile Transmissions. Amend RSA by inserting after chapter 359-F the following new chapter:
CHAPTER 359-G
UNSOLICITED FACSIMILE TRANSMISSIONS
359-G:1 Definitions. In this chapter:
I. "Facsimile device" means a machine that receives information that has been transmitted electronically over telecommunications lines in order to produce reproductions or facsimiles of documents or photographs.
II. "Unsolicited material" means an unrequested electronic or telephonic transmission to a facsimile device to encourage a person to purchase goods, realty, or services.
359-G:2 Transmission of Unsolicited Material Prohibited. No person shall transmit unsolicited material to a facsimile device through a connection with a telephone network.
359-G:3 Penalty. Any person who has received unsolicited material in violation of this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the transmission of unsolicited material was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorneys' fees, as determined by the court. Injunctive relief shall be available to private individuals under this chapter without bond, subject to the discretion of the court. Each prohibited transmission shall be a separate violation.
2 Effective Date. This act shall take effect January 1, 2004.