(a) Every publisher shall, prior to including a telephone number for a facsimile machine in any commercial directory of telephone numbers, obtain the written consent of the subscriber who has been assigned the number unless the telephone number for the facsimile machine is obtained from a telephone corporation’s alphabetical or classified directory of telephone numbers.
(b) As used in this section:
(1) “Commercial directory” does not include an alphabetical directory of telephone numbers or a classified directory published by a telephone corporation.
(2) “Telephone number for a facsimile machine” means any number designated in a directory as being for a facsimile machine or any number included in a directory represented to be a directory of telephone numbers for facsimile machines.
(c) Every publisher shall notify, in writing, all of the subscribers of the facsimile telephone numbers printed in the publisher’s directory of the requirements of this chapter on or before April 1, 1991. Unless the subscriber thereafter notifies the publisher otherwise, telephone numbers for facsimile machines published prior to July 1, 1991, without the written consent of the subscriber, may continue to be published by that publisher. Upon notification by the subscriber that he or she desires to be excluded from the directory, all subsequent volumes of the directory shall exclude the subscriber’s facsimile telephone number.
(d) Every violation of subdivision (a) is an infraction punishable by a fine of five hundred dollars ($500).
(Added by Stats. 1990, Ch. 973, Sec. 1.)