§ 51-07-23 — Unsolicited telefacsimile advertising

It is unlawful for any person to initiate the unsolicited transmission of a telefacsimile
message promoting a good or service for purchase by the recipient of the message. The term
"telefacsimile" as used in this section means any process in which an electronic signal is
transmitted by telephone line for conversion into written text. This section does not apply to a
telefacsimile message sent to a recipient with whom the initiator has had a prior contractual or
business relationship, nor does it apply to transmissions not exceeding two pages which are
transmitted between the hours of nine p.m. and six a.m. Notwithstanding the above, it is
unlawful to initiate a telefacsimile message to a recipient who has previously sent a written or
telefacsimile message to the initiator clearly indicating that the recipient does not want to
receive any telefacsimile from the initiator. A person who transmits an unsolicited telefacsimile
message in violation of this section is liable to the recipient of that message for fifty dollars per
month for each month in which the recipient receives the unsolicited message.