FCC's Loss On Fax Rule Could Curb Explosion Of TCPA Suits
David Anthony was quoted in a March 31 Law360 article about the D.C. Circuit’s decision to declare an FCC rule unlawful. The rule, which requires opt-out notices to be placed on solicited faxes, has been a considerable avenue of TCPA liability for businesses. Of the ruling, David said "The D.C. Circuit’s ruling is critically important for businesses who send advertisements via fax. Under the FCC order, those businesses were required to include opt-out notices on both solicited and unsolicited fax advertisements, [and] failure to do so could result in multimillion-dollar class actions. The D.C. Circuit’s ruling vacating the FCC’s order now limits potential liability to only unsolicited fax advertisements."