Ban on Fax Ads Is Reasonable, Court Says

A federal appeals court this week dismissed a challenge to a law barring unsolicited advertising by fax.

The U.S. 9th Circuit Court of Appeals ruled Wednesday in San Francisco that the ban on unsolicited advertising by fax is “a reasonable means” to achieve Congress’ goal of stopping businesses from shifting advertising costs onto consumers.

Evidence presented in the case showed that consumers bear part of the cost of advertising by fax because they pay for fax paper.

Destination Ventures Ltd., an Oregon company, and several other businesses filed suit against the Federal Communications Commission in 1993, alleging that the 1991 law banning unsolicited faxes containing ads violated their First Amendment rights of free speech.

Destination Ventures conducts seminars for travel agents, and it advertised them by fax before such advertising was banned by the Telephone Consumer Protection Act.

*

Help for Consumers

* Find a variety of consumer information on the TimesLink on-line service.

Details on Times electronic services, B4