FCC Defends Junk Fax Opt-Out Rule, Enforcement Waiver

Law360, Washington (March 11, 2016, 9:28 PM EST) -- The Federal Communications Commission on Thursday defended its decisions to require opt-out notices on certain faxes and also to waive retroactive enforcement of that regulation, saying the requirement protects consumers from unwanted faxes and that its decision not to enforce the rule retroactively serves the public interest.

In a final D.C. Circuit brief in a consolidated challenge to the decisions, the FCC sought to fend off two groups of arguments: those of companies facing Telephone Consumer Protection Act Class actions, who argue the FCC lacks authority to regulate solicited faxes, and those of consumers who assert the commission should not be...

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