• D.C. Circuit Strikes Down FCC Fax Rule
  • April 26, 2017 | Author: Tracy P. Marshall
  • Law Firm: Keller and Heckman LLP - Washington Office
  • Last week, the U.S. Court of Appeals for the D.C. Circuit issued an Order finding an FCC rule regarding fax advertisements unlawful to the extent that it requires opt-out notices on solicited faxes (in addition to unsolicited faxes). The Telephone Consumer Protection Act (TCPA) generally prohibits unsolicited faxed ads unless the sender has an established business relationship with the recipient, the recipient voluntarily provided the number, and the fax includes an opt-out notice. The Court held that the FCC does not have authority to extend the opt-out requirement to solicited faxes (i.e., those sent with the recipient’s permission). The ruling could help reduce TCPA “junk fax” litigation. A separate consolidated appeal of the FCC’s 2015 TCPA Declaratory Ruling and Order pertaining to automated calls and text messages is still pending before the D.C. Circuit.