U.S. Chamber Sues State Over Law Blocking Unsolicited Fax Ads

December 2, 2005

Sacramento Business Journal

The Sacramento Business Journal quoted Downey Brand partner Jeff Galvin in an article about a new California state law regulating unsolicited ads sent by fax. He also discusses issues regarding business marketing and States v. Federal authority in these matters.

Even if the lawsuit doesn't succeed in getting California's fax-ad law overridden by the federal law, Sacramento advertising attorney Jeff Galvin predicts the chamber will lobby Congress for a preemptive federal law to shut out stricter state measures.

"For businesses marketing nationally, California comes along and creates compliance headaches for them," said Galvin.

He points to parallels with the federal CAN-SPAM Act of 2003, which allowed marketers to send e-mail ads to customers without their permission, but provide recipients with a chance to opt out. That eventually trumped California's more restrictive anti-spam law which forbade e-mail ads unless the recipient agreed to receive them.

Read the full Sacramento Business Journal article here.