FCC Urged To Reject Fax Broadcaster Liability Challenge

Law360 (November 13, 2020, 6:46 PM EST) -- Akin Gump has urged the Federal Communications Commission to turn down an auto company's request to take a closer look at a September ruling that only broadcasters of junk faxes, not unknowing advertisers, are liable under the Telephone Consumer Protection Act.

The Washington, D.C.-based firm said in a Nov. 12 filing with the FCC that it should stand behind the agency's declaratory ruling over the issue of whether "fax broadcasters" face TCPA damages.

Akin Gump Strauss Hauer & Feld LLP last year sought the ruling to clarify what it viewed as a murky issue surrounding liability under the unsolicited-call statute. The...

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