FCC Junk Fax Ruling Signals Agency's Flexibility On TCPA

Law360, New York (November 7, 2014, 7:45 PM EST) -- The Federal Communications Commission recently took the unprecedented step of granting advertisers retroactive immunity for sending solicited faxes that lacked opt-out notices, giving businesses hope the regulator will take a similarly lenient approach regarding other Telephone Consumer Protection Act provisions they find confusing, such as what constitutes an “autodialer” or “called party.”

In an Oct. 30 order, the FCC dealt a blow to advertisers by confirming that they must include information on both solicited and unsolicited faxes that clearly and conspicuously tells recipients how to opt out of future communications, in order to avoid running afoul of the Junk Fax Prevention...

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