§ 75-116. Prohibition of unsolicited facsimiles; exception. - North Carolina Statutes

§ 75‑116.  Prohibitionof unsolicited facsimiles; exception.

(a)        No person orentity, if either the person or entity or the recipient is located within theState of North Carolina, shall (i) use any telephone facsimile machine,computer, or other device to send or (ii) cause another person or entity to usea telephone facsimile machine to send an unsolicited advertisement to atelephone facsimile machine.

(b)        This section shallnot apply to a person or entity that has an established business relationshipwith the recipient of the facsimile. However, the person or entity who sends anunsolicited advertisement under this subsection shall provide a notice in theunsolicited advertisement that: (i) is clear and conspicuous and on the firstpage of the unsolicited advertisement; (ii) states that the recipient may makea request to the sender to "do not send" any future unsolicitedadvertisements to a telephone facsimile machine and that the sender's failureto comply with the request is unlawful; and (iii) includes a toll‑freedomestic telephone number or facsimile machine number that the recipient maycall at any time on any day of the week to transmit a request to "do notsend" future facsimiles. (2006‑207, s. 1.)