1. (1) Except as provided in Subsection (2), a person may not operate or authorize the operation of a facsimile machine to send an advertisement.

2. (2) A person may operate a facsimile machine if the advertisement is sent:

   1. (a) with the prior express written consent of the person who receives the facsimile agreeing to receive the facsimile from a specific solicitor; or
   2. (b) to a person with whom the solicitor has an established business relationship.
3. (3) A person may not make or authorize the sending of an advertisement by facsimile in violation of Title 47 U.S.C. 227.

Amended by Chapter 263, 2003 General Session