DC Circ. Won't Stay Mandate On Junk Fax Opt-Out Rule

Law360, New York (June 29, 2017, 6:11 PM EDT) -- The D.C. Circuit has declined to postpone the rollback of a Federal Communications Commission rule requiring opt-out notices on solicited faxes, saying it can't be stayed pending appeal to the Supreme Court.

The court did not explain its reasoning in a one-page order filed Wednesday, allowing a previous ruling that the FCC lacks authority under the Telephone Consumer Protection Act to regulate communications sent with a recipient's consent to go into effect.

The D.C. Circuit had said in June that it would not revisit its March decision vacating a commission rule that requires opt-out notices to be placed on solicited faxes...

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