Appeals Court Affirms FCC Repeal of TCPA Solicited Fax Rule

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The Second Circuit U.S. Court of Appeals has denied a petition to review the Federal Communications Commission’s (FCC) repeal of the Telephone Consumer Protection Act’s (TCPA) former Solicited Fax Rule.  The Solicited Fax Rule (Rule) required fax senders to include opt-out instructions on solicited fax advertisements. 

In 2017, the U.S. Court of Appeals for the DC Circuit held that the Rule was unlawful, leading the FCC to issue an order repealing the Rule.  Petitioner Gorss Motels sought review before the Second Circuit, asking the court to overturn the FCC’s repeal, notwithstanding the earlier DC Circuit decision.  The Second Circuit held that it was bound by the DC Circuit’s 2017 decision, thus upholding the FCC’s repeal of the Rule.

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