Another Fax Ad Petition Released for Comment

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Stericycle, Inc. has filed a petition for declaratory ruling and/or waiver of the Federal Communications Commission’s rules requiring fax advertisements sent to a consumer who has provided prior express invitation or permission to include an opt-out notice. Petitioner seeks a declaratory ruling clarifying that section 64.1200(a)(4)(iv) of the Commission’s rules does not apply to fax advertisements sent with express permission because such faxes are  solicited, and Congress did not provide authority to the Commission to regulate solicited faxes.  Further, it argues that regulation of solicited faxes raises First Amendment concerns. Should the Commission decline to grant this request for declaratory ruling, petitioner seeks a retroactive waiver of the opt-out notice requirement for fax advertisements sent where prior express consent has been obtained from the recipient.  Comments on the petition are due July 11, 2014 and replies are due July 18, 2014. The Bureau released notices in April and May that sought comment on similar issues.

For additional information, please contact Erin Fitzgerald.

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