A similar provision is credited with helping to ensure compliance with the federal law against unsolicited faxes.
Recipients of unsolicited faxes are likely to consider them as an irritant which uses up paper.
Critics charge that the provision's wording makes it easier for firms to send what are really unsolicited faxes.
(The "offer" was an unsolicited fax sent to her lawyer's office in Washington that she neither saw nor responded to.)
Even more aggravating, unsolicited faxes use your electricity and your facsimile paper (at about 10 cents a page).
But not all unsolicited faxes have a mercantile intent.
Those recipients will be notified they are eligible for up to $500 for each unsolicited fax.
They also said the law discriminated against businesses because it did nothing to stop others from sending unsolicited faxes.
That last, however, appears in more Hollywood scripts than actual vehicles because of the difficulty of dealing with all the unsolicited faxes.
"Instead of just banning unsolicited faxes, you could set up a 'no fax' list," Professor Banner said.