Californians To Dodge All "Intrastate" Junk Faxes

According to press reports, federal district court judge Morrison England ruled yesterday that a California state law (SB 833) that prohibits all unsolicited faxes to California residents (whether or not the parties have an "existing business relationship") without their written permission is not preempted by federal law (Telephone Consumer Protection Act) with respect to unsolicited faxes that are sent by senders to recipients who are both located in California. However, SB 833 is preempted with respect to "interstate" unsolicited faxes.

I suppose half a loaf (actually, 1/50th of a loaf) is better than nothing. Obviously, all a California sender has to do is to arrange to send from outside the state, unsolicited faxes to California residents with whom it has an "existing business relationship," and doesn't have move an inch to send unsolicited faxes to similar residents located in other states.

No word at this early hour whether either side plans to appeal to the 9th Circuit. The Direct Marketing Association's crowing about the decisions makes it unlikely the plaintiffs will initiate an appeal, however.

A sad day for junk fax haters everywhere.