The FCC has received a number of petitions for waivers on opt-out notices in fax advertising, specifically in areas where the sender believes prior permission exists.
To quote the FCC’s summary,
Specifically, the Petitioners seek retroactive waivers of the opt-out notice requirement for fax ads they sent where prior express invitation or permission had allegedly been obtained from the recipient.4 The Petitioners argue that good cause exists because they are similarly situated to parties who were granted retroactive waivers from this requirement by the Commission in the Anda Order. 5 In the Anda Order, the Commission granted retroactive waivers to several individual petitioners because of uncertainty about whether the opt-out notice applied to “solicited” faxes.
The waivers granted in the Anda Order apply only to the individual petitioners listed in that order.7 The Commission noted, however, that other, similarly situated parties may also seek waivers. We therefore seek comment on the Petitioners’ requests for waiver consistent with the guidance set forth in the Anda Order.
The full press release can be found at: FCC – CGB Seeks Comment On Petitions On Opt-Out Notices On Fax Advertisement