D.C. Court Makes Important Decision in Fax Opt-Out Case
On Friday, the D.C. Circuit Court vacated part of an important 2006 FCC Order that required opt-out language on faxes sent even with the recipient's consent. The implication is that on faxes that are not "unsolicited" and which are sent with prior consent, special opt-out language will no longer be required. This should make marketing somewhat easier for companies who market to their own customers and others who have opted in. Prior to this ruling, there existed a notable amount of TCPA litigation against fax marketers for technical violations of the opt-out disclosure rules, even when the company had consent. The decision is a good sign as the D.C. Circuit is also poised to rule any day on the pending ACA Int'l v FCC petition regarding what an autodialer is. Opt-out disclosures are still required on faxes sent without prior consent.
FCC Seeks Comments on Fax-Related FCC Petition
The Consumer and Governmental Affairs Bureau of the FCC is now seeking comments on a petition by M3 USA to clarify that research survey invitations sent by fax do not constitute "advertisements." Click here to read more about the petition and to find instructions for commenting. Comments are due on April 27, 2017.
No comments:
Post a Comment