[Congressional Record Volume 150, Number 103 (Thursday, July 22, 2004)]
[Extensions of Remarks]
[Page E1469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    JUNK FAX PREVENTION ACT OF 2004

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                               speech of

                           HON. GIL GUTKNECHT

                              of minnesota

                    in the house of representatives

                         Tuesday, July 20, 2004

  Mr. GUTKNECHT. Mr. Speaker, I would like to congratulate Mr. Upton 
for crafting this legislation in such a way that it protects the rights 
of consumers, without obstructing legitimate business endeavors.
  I bring a unique perspective to this debate. I am a real estate 
auctioneer by trade. And for those auctioneers, it is common practice 
to notify people who have bid at previous auctions about upcoming 
auction sales. This is particularly the case if the person is 
interested in a certain type of item that will be sold at a subsequent 
auction.
  Let me provide a real world example. A person registers to bid at an 
auction of 18th century antique furniture. A few months after that 
auction, another sale is scheduled that includes 18th century antique 
furniture. It is common practice for auctioneers to notify those 
individuals again that there is an upcoming auction, and sending such 
notices by fax is a very cost effective means of doing this.
  H.R. 4600, the ``Junk Fax Prevention Act of 2004,'' restores the 
Federal Communication Commission's (FCC) interpretation of the EBR or 
``established business relationship'' as it existed prior to January 1, 
2003. Under that FCC interpretation, incorporated by reference in the 
bill, the term ``established business relationship'' means ``a prior or 
existing relationship formed by a voluntary two-way communication 
between a person or entity and a residential subscriber--and the bill 
expands that to also include business subscribers--with or without 
consideration, on the basis of an inquiry, application, purchase or 
transaction by the residential subscriber regarding products or 
services offered by such person or entity, which relationship has not 
been previously terminated by either party.''
  As such, with respect to the example I referenced above, H.R. 4600 
would permit an auctioneer to send a notice of an upcoming auction by 
fax to a person who had registered for and/or bid at a prior auction 
run by that auctioneer.
  I support this outcome, and I also agree that if a party wishes to 
stop receiving such notifications they should be allowed to do so. I am 
pleased that this legislation contains such ``opt-out'' language.
  I support this legislation and believe that such measures which aim 
to reduce the onslaught of faxes, e-mails, etc., are good policy for 
consumers. In addition, it is important that the record highlights the 
unique nature of the auction business and its importance to a variety 
of industries and especially rural communities.

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