FCC's Loss On Fax Rule Could Curb Explosion Of TCPA Suits

By Allison Grande (March 31, 2017, 10:58 PM EDT) -- The D.C. Circuit on Friday shut down a Federal Communications Commission rule that required opt-out notices to be placed on solicited faxes, effectively eliminating one popular avenue of liability under the Telephone Consumer Protection Act and giving businesses hope that the court would soon act to curb another rule that has also played a major role in the recent explosion of litigation under the statute.

In a 2-1 decision, the appellate court took the definitive step of declaring unlawful a 2014 commission rule that requires opt-out notices to be placed on solicited faxes to avoid violating the Junk Fax Prevention Act,...

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