Junk Fax Opt-Out Notice Requirement Tossed Out

FCC Ditches Junk Fax Opt-Out Rule As Bigger Issues Loom
– Law360

Manatt’s Christine Reilly, chair of the firm’s TCPA compliance and class action defense practice, was quoted in a Law360 article on the Federal Communications Commission’s decision to eradicate a previous opt-out notice requirement.

The publication examined the FCC’s recent, formal elimination of solicited fax opt-out notice requirements. The 2006 rule required notices in order to avoid violating the Junk Fax Prevention Act and it was struck down to help eliminate grey areas.

“This order provides absolute clarity and eliminates any ambiguity surrounding whether the solicited fax rule was unlawful,” said Reilly. “It’s a little late—this would have been great a year and six months ago—but this is indeed the nail in the coffin for the solicited fax rule.”