Connecticut House Bill HB05443

Connecticut 2017 Regular Session

• Introduced: 1/11/17
• Refer: 1/11/17

Caption

An Act Concerning The Penalty For Transmission Of An Unsolicited Facsimile.

Impact

The proposed changes to the penalty structure for unsolicited facsimile transmissions could lead to a notable reduction in the prevalence of such advertisements. By offering a warning for initial offenses, the bill acknowledges the commonality of inadvertent violations—essentially providing a first-time offender with an opportunity to correct their behavior without immediate financial penalties. Subsequent violations, however, would carry a significant monetary penalty, which could serve to deter recurrent offenders and protect recipients from unwanted advertising materials.

Summary

House Bill 05443 proposes amendments to section 52-570c of the general statutes regarding the penalties applied for the transmission of unsolicited facsimiles containing advertising materials. The bill aims to modify the existing penalty structure by instituting a warning for initial violations and imposing a financial penalty of five hundred dollars for each subsequent violation. This change reflects an intent to provide a more graduated response to violations of unsolicited facsimile transmissions.

Contention

While the bill's intent seems to balance enforcement with leniency, potential points of contention may arise regarding how the bill is enforced and interpreted by both senders of facsimiles and enforcement agencies. Questions may surface about what constitutes a valid warning and the criteria used to determine subsequent violations. Additionally, stakeholders might debate the effectiveness of the proposed penalties in curbing unsolicited facsimile transmissions and the potential impacts on businesses engaged in legitimate advertising practices.