View Authors November 2014
Although facsimile technology may now seem passé as a telemarketing tool, its use has generated a continuing source of controversy under the Telephone Consumer Protection Act (TCPA). In an Order issued last week, the FCC confirmed that senders of fax advertisements must include certain specific information on the fax that will allow customers to opt out, even if the customer had previously agreed to receive ads from such senders. The Commission had originally adopted the “Opt-Out Notice” rule in 2006 while implementing the Junk Fax Protective Act of 2005, an amendment to the TCPA and its application to fax ads. With this Order, the Commission disposed of nearly two dozen pending petitions, several of which had challenged the legal authority of the agency under the TCPA to adopt the requirement in the first place.