Retroactive Waivers Sought in Connection with Fax Ad Rules

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The FCC is seeking comment on two petitions relating to the FCC’s fax ad rules.  The petitioners—Allscripts-Misy Healthcare Solutions, Inc. and Francotyp-Postalia, Inc.—each have requested a retroactive waiver of the FCC’s opt-out notice requirement for fax ads sent where prior express invitation or permission was obtained from the recipient.  In the FCC’s recent Fax Order, retroactive waivers of this requirement were granted to several individual petitioners because of the claimed uncertainty as to whether the opt-out notice applied to “solicited” faxes.  The Fax Order noted, however, that other similarly situated parties may seek waivers.  The FCC is not seeking comment on the petitioners’ declaratory ruling requests, which are substantially similar to other issues that were addressed in the Fax Order.  Comments on the petitioners’ retroactive waiver requests are due by November 18, 2014 and reply comments by November 25, 2014.

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