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 D.C. Circuit on Tuesday said it would not revisit its March decision that invalidated the Federal Communications Commission's rule requiring opt-out notices on solicited faxes.
A split D.C. Circuit on Friday invalidated the Federal Communications Commission's decision to require opt-out notices on solicited faxes, ruling that the commission lacks the authority under the Telephone Consumer Protection Act to regulate communications that were sent with the recipient's consent.
The privacy legal landscape shows no signs of cooling off this year, with the continued fallout from the U.S. Supreme Court's landmark Spokeo ruling, disputes over the Federal Trade Commission's data security authority and the validity of the new trans-Atlantic data transfer Privacy Shield likely to dominate the headlines. Here, attorneys flag some of the top privacy cases and disputes they'll be keeping their eye on in the second half of 2016.
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.
The Federal Communications Commission sustained attacks on two fronts Wednesday over its enforcement of regulations on junk faxes, with companies telling the D.C. Circuit the FCC lacked authority to regulate solicited faxes and consumers saying it lacked authority to waive enforcement.
A group of companies fending off Telephone Consumer Protection Act class actions told the D.C. Circuit on Monday the Federal Communications Commission was right to retroactively waive an opt-out notice requirement on fax advertisements.
A small business advocacy group urged the D.C. Circuit on Monday to overturn a Federal Communications Commission's rule regarding opt-outs for faxed advertisements on First Amendment grounds, saying it inappropriately constricts free speech and disproportionately affects small businesses.
From showdowns with the Federal Communications Commission over its authority to regulate and enforce Internet-related policy to the agency’s lack of movement on issues related to the Telephone Consumer Protection Act, the second half of 2015 is loaded with big telecommunications cases attorneys in the industry will want to watch.