Fax Opt-Out Rule Under Consideration

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S&S Firestone, Inc. and Cannon & Associates LLC have each filed petitions seeking a 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. The petitioners seek a declaratory ruling clarifying that section 64.1200(a)(4)(iv) of the Commission’s rules does not apply to fax advertisements sent with prior express permission because they constitute “solicited” faxes.  Should the Commission decline to grant these requests for declaratory ruling, petitioners seek a retroactive waiver for fax advertisements sent where prior express consent has been obtained from the recipient.  Comments on the petitions are due June 13, 2014 and replies are due June 20, 2014.

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