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DC Circ. Judges Warm To FCC Fax-Ad Rule Challenge

Law360, Washington (November 8, 2016, 3:39 PM EST) -- A majority of a D.C Circuit panel appeared sympathetic Tuesday to a challenge to the Federal Communications Commission's opt-out requirements for fax advertisements, seeming to side with a group of defendants in various class actions saying the FCC overstepped its authority.

During oral arguments Tuesday, U.S. Circuit Judges Brett M. Kavanaugh and A. Raymond Randolph repeatedly admonished the regulator's counsel that Telephone Consumer Protection Act Section 227 allows the FCC to regulate only “unsolicited” faxes, or those consented to by recipients.

The regulator is fighting consolidated appeals — from parties on both sides of various TCPA class actions — of an...

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