More Fax Ad Petitions Released for Comment

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The FCC is seeking comment on a new set of petitions regarding the FCC’s fax ad rules.  In particular, the FCC has released for comment three petitions—filed by Best Buy, Magna Chek, and Masimo Corporation—seeking a declaratory ruling on or waiver of Section 64.1200(a)(4)(iv) of the FCC’s rules, which requires fax advertisements sent to a consumer who has provided prior express invitation or permission to include an opt-out notice.  Among other things, the petitioners request a ruling clarifying that this rule does not apply to fax advertisements sent with the prior express permission of the recipient because such faxes constitute “solicited” faxes that the petitioners argue cannot be required to include opt-out notices.  Alternatively, the petitioners seek a retroactive waiver for fax advertisements sent where prior express consent was obtained from the recipient, arguing that strict compliance with the rule with respect to solicited faxes is inequitable, unduly burdensome, and contrary to the public interest.  Earlier this year, the FCC sought comment on several petitions seeking similar relief regarding the fax ad rule.  The FCC specifically requests that commenters not refile comments pertaining to those earlier petitions.  Comments on this latest round of petitions are due by May 9, 2014 and reply comments by My 16, 2014.

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