Bill Positions

Bill Number: HB 753

Bill Title: Consumer Protection - Unsolicited Transmissions to a Facsimile Device - Private Actions

Bill Sponsor(s): Delegate Howard, et al.

Subject: Commercial Law

Committee: ECM

Bill Summary: This bill would authorize an individual who received a junk fax to bring a civil action against the sender for the recovery of attorney's fees and damages of $500 or actual damages sustained, whichever is greater. Under current law the Attorney General may sue such violators for a $1,000 penalty and under federal law individuals may sue for $500 damages.

History: The Chamber has opposed similar bills in the past that would create a private cause of action under the federal Do Not Call lists. The bill is similar to SB 180 of 2005, which was withdrawn by sponsor. In 2005 HB 1011 received an unfavorable report by ECM. In 2006 HB 766 received an unfavorable report by the ECM Committee. In 2007 HB 211was withdrawn by the sponsor.

Chamber Position: Oppose

Position Summary: The Chamber opposes creating new grounds for individuals to file suits against senders of faxes. Individuals may already file suit for a violation of the federal law.

Position Statement: Click here to download a pdf version of the Maryland Chamber's position statement.

Chamber Staff: Ron Wineholt

General Assembly: Click here to view the bill on the Maryland General Assembly's website.