FindLaw's Modern Practice - Technology Trade

FindLaw's Modern Practice - Technology Trade: "Death of the EBR Exemption May Be 'Greatly Exaggerated'
Junk Fax Prevention Act of 2004 (H.R. 4600) Introduced 6/16/04 - Codifies EBR Exemption Under TCPA Allowing Transmission of Unsolicited Fax Ads Where EBR Exists
In responding to news reports that he had died, Mark Twain is quoted as stating: 'The reports of my death are greatly exaggerated.' With due apologies to Mr. Twain, it appears that the death of the Established Business Relationship ('EBR') exemption may also be greatly exaggerated. On June 16, 2004 Rep. Fred Upton (R-MI) introduced H.R. 4600, The Junk Fax Prevention Act of 2004. This bill would amend the Telephone Consumer Protection Act ('TCPA') to create an exemption to the TCPA's ban on the transmission of unsolicited facsimile ads and would allow businesses to send unsolicited facsimile ads to those persons with whom they have an EBR. The bill has bipartisan support and was unanimously approved by the House Energy and Commerce Committee on June 24, 2004 and sent to the full House for consideration. A companion bill was introduced in the Senate on June 24, 2004 (S. 2603) and "