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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!