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TO: Members of the California State Assembly RE: SB 833 (BOWEN) UNSOLICITED ADVERTISING FAXES – OPPOSE I OPPOSE SB 833 (Bowen), regarding fax advertisements. This bill places onerous administrative and economic burdens on associations and businesses by requiring express written consent from their own members/customers prior to sending a fax advertisement. Historically, communications between associations and its members were protected as an “established business relationship.” SB 833 conflicts with federal law. The Federal Communications Commission (FCC) has stayed the prohibition against sending unsolicited fax advertisements without prior express permission until January 9, 2006. The President signed legislation implementing an exemption from the requirement to obtain written permission before sending an unsolicited fax if the sender and the recipient have an established business relationship (EBR). The federal legislation also includes the requirement to provide on the first page of the fax a free opt-out mechanism and a domestic contact telephone and fax number to exercise the option. The FCC is to implement additional regulations exempting not-for-profit trade associations from the obligation to provide an opt-out for unsolicited faxes to their members. The FCC is to report on the effectiveness of this legislation. One of the primary reasons members join trade associations is to avail themselves of all member benefits provided by that association; which may include conference registration information, product information, and other events at discounted rates. Exclusion of an EBR provision is an intrusion into legitimate business communications between customers and businesses and business–to-business relationships. It affects the communication between all kinds of businesses like restaurants, manufacturers, vendors, retailers, insurance companies, banks, etc. All rely on faxes as a source of communication and marketing to meet the needs of their customers or members. Passage of SB 833 will throw California out of step with the rest of the nation by forcing our businesses to adhere to more strict and different laws than their competitors in other states. For these reasons, I must urge your “NO” vote on SB 833 (Bowen) when it comes before you for consideration.