• California Fax Ban Declared Unconstitutional for Interstate Faxes
  • March 1, 2006
  • Law Firm: Covington & Burling LLP - Washington Office
  • On February 27, a California federal district court struck down much of California SB 833, which would have prohibited faxing advertisements into or of California without the prior express consent of the recipient. In Chamber of Commerce of the United States v. Lockyer (E.D. Cal. 2:05-CV-02257-MCE), the Court held that SB 833 was preempted by the Federal Communications Act of 1934 ("FCA") to the extent it would have regulated interstate faxes. Pending additional proceedings, entities may send interstate fax advertisements to or from California to recipients with which they have an established business relationship. The decision establishes an important precedent limiting state regulation of interstate fax advertising.