(a) It shall be aviolation of this Article for any person or entity, if either the person orentity or the recipient is located in the State of North Carolina, to do eitherof the following:
(1) Initiate anycommunication using a telephone facsimile machine that does not clearly mark ina margin at the top or bottom of each transmitted page or on the first page ofeach transmission the date and time sent; an identification of the business,other entity, or person sending the message, and the telephone number of thesending machine or of the business, other entity, or person.
(2) Use a computer orother electronic device to send any message via a telephone facsimile machineunless it is clearly marked in a margin at the top or bottom of eachtransmitted page of the message or on the first page of the transmission thedate and time it is sent, the identification of the business, other entity, orperson sending the message, and the telephone number of the sending machine orof the business, other entity, or person.
(b) This section shallnot apply to a facsimile sent by or on behalf of a professional or tradeassociation that is a tax‑exempt nonprofit organization and infurtherance of the association's tax‑exempt purpose to a member of theassociation if all of the following conditions are met:
(1) The membervoluntarily provided the association the facsimile number to which thefacsimile was sent.
(2) The facsimile is notprimarily for the purpose of advertising the commercial availability or qualityof any property, goods, or services of one or more third parties.
(3) The member who issent the facsimile has not requested that the association stop sendingfacsimiles. (2006‑207,s. 1.)
(a) It shall be aviolation of this Article for any person or entity, if either the person orentity or the recipient is located in the State of North Carolina, to do eitherof the following:
(1) Initiate anycommunication using a telephone facsimile machine that does not clearly mark ina margin at the top or bottom of each transmitted page or on the first page ofeach transmission the date and time sent; an identification of the business,other entity, or person sending the message, and the telephone number of thesending machine or of the business, other entity, or person.
(2) Use a computer orother electronic device to send any message via a telephone facsimile machineunless it is clearly marked in a margin at the top or bottom of eachtransmitted page of the message or on the first page of the transmission thedate and time it is sent, the identification of the business, other entity, orperson sending the message, and the telephone number of the sending machine orof the business, other entity, or person.
(b) This section shallnot apply to a facsimile sent by or on behalf of a professional or tradeassociation that is a tax‑exempt nonprofit organization and infurtherance of the association's tax‑exempt purpose to a member of theassociation if all of the following conditions are met:
(1) The membervoluntarily provided the association the facsimile number to which thefacsimile was sent.
(2) The facsimile is notprimarily for the purpose of advertising the commercial availability or qualityof any property, goods, or services of one or more third parties.
(3) The member who issent the facsimile has not requested that the association stop sendingfacsimiles. (2006‑207,s. 1.)
(a) It shall be aviolation of this Article for any person or entity, if either the person orentity or the recipient is located in the State of North Carolina, to do eitherof the following:
(1) Initiate anycommunication using a telephone facsimile machine that does not clearly mark ina margin at the top or bottom of each transmitted page or on the first page ofeach transmission the date and time sent; an identification of the business,other entity, or person sending the message, and the telephone number of thesending machine or of the business, other entity, or person.
(2) Use a computer orother electronic device to send any message via a telephone facsimile machineunless it is clearly marked in a margin at the top or bottom of eachtransmitted page of the message or on the first page of the transmission thedate and time it is sent, the identification of the business, other entity, orperson sending the message, and the telephone number of the sending machine orof the business, other entity, or person.
(b) This section shallnot apply to a facsimile sent by or on behalf of a professional or tradeassociation that is a tax‑exempt nonprofit organization and infurtherance of the association's tax‑exempt purpose to a member of theassociation if all of the following conditions are met:
(1) The membervoluntarily provided the association the facsimile number to which thefacsimile was sent.
(2) The facsimile is notprimarily for the purpose of advertising the commercial availability or qualityof any property, goods, or services of one or more third parties.
(3) The member who issent the facsimile has not requested that the association stop sendingfacsimiles. (2006‑207,s. 1.)
