No Opt-Out? No Problem: D.C. Circuit Overturns the FCC's Solicited Fax Rule

By: Christine M. Reilly

In a major decision that will surely impact the healthcare industry, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule in Bais Yaakov of Spring Valley et al. v. FCC, 14-1234 (D.C. Cir. Mar. 31, 2017).

The Solicited Fax Rule was created by the FCC in a 2006 order and requires that fax advertisements sent with a recipient's prior express invitation or permission contain an opt-out notice requiring specific information.