November 29, 2022

Volume XII, Number 333

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November 29, 2022

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November 28, 2022

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Parties Involved in TCPA Fax Litigation May Qualify for Relief

The FCC recently agreed to grant limited waivers for violations of its “opt out notice” rule for solicited faxes (i.e., faxes sent with the recipient’s prior express invitation or permission).  That rule requires that senders of faxes include opt-out notices on fax transmissions that contain advertisements or promotions. The FCC initially promulgated its opt-out notice rule in connection with the Telephone Consumer Protection Act (“TCPA”) and the Junk Fax Prevention Act. Because the TCPA authorizes a private right of action and statutory damages for certain violations, the opt-out notice rule has been — and continues to be — used to bring class action lawsuits that seek potentially staggering levels of monetary payment.  In its recent ruling, the FCC agreed to issue waivers of its opt-out notice rule for solicited faxes, but the ruling suggests that such requests must be filed before April 30, 2015.

A number of plaintiffs have filed lawsuits challenging the FCC’s grant of the waivers.  At the same time, some of the petitioners also are challenging the portion of the FCC’s order in which the FCC reasserted its authority under the TCPA to regulate solicited fax advertisements.  Both sets of challenges will be heard by the U.S. Court of Appeals for the District of Columbia Circuit.

© 2022 Covington & Burling LLPNational Law Review, Volume IV, Number 338
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Repeatedly ranked as having one of the best privacy practices in the world, Covington combines exceptional substantive expertise with an unrivaled understanding of the IT industry, and of e-commerce and digital media business models in particular.  Our practice provides exceptional coverage of all of the substantive areas of privacy, including IT/technology, data security, financial privacy, health privacy, employment privacy, litigation and transactions.  One of our core strengths is the ability to advise clients on relevant privacy and data security rules worldwide,...

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