Bureau of Consumer and Governmental Affairs (FCC) seeking comment on opt-out notices on fax advertising

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: FCCCGB Seeks Comment On Petitions On Opt-Out Notices On Fax Advertisement

Seventh Circuit rules on junk fax case about 3rd party senders

In a case on junk faxes, the seventh circuit court recently ruled that a company that hired a company to send faxes on their behalf was not liable for violating junk fax rules for a mass fax broadcast larger than they ordered.

The client ordered Continue reading “Seventh Circuit rules on junk fax case about 3rd party senders”

St. Louis judge asked to approve $1.6 million ‘junk fax’ class action settlement

 

A dental practice that led a class action lawsuit after receiving a slew of junk and spam faxes from a dental supplier has filed to settle the lawsuit for $1.6 million.

Claimants without a business relationship to the dental supplier and who did not approve of receiving the faxes will receive $180 per fax, far lower than Continue reading “St. Louis judge asked to approve $1.6 million ‘junk fax’ class action settlement”

Could fax be the smoking gun for voter fraud in a Sydney subrub?

The deputy mayor of Auburn (a suburb of Sydney, Australia) is under investigation for voter fraud after a stream of voter registration faxes arrived from the same fax number.

According to local police, 37 faxes for voter registration were submitted, many with similar handwriting and signatures that did not match existing records. 57 online enrollments were also Continue reading “Could fax be the smoking gun for voter fraud in a Sydney subrub?”

National Law Review reporting that the FCC’s clarification of “solicited” fax rules already under siege

A few after the FCC released a “clarification” order of opt-out notices being required on advertising faxes even for pre-existing business relationships, the National Law Review is reporting that “Three petitioners have already filed petitions for review appealing the FCC’s order and specifically questioned the FCC’s authority to Continue reading “National Law Review reporting that the FCC’s clarification of “solicited” fax rules already under siege”

$16M fax voilation lawsuit resolvedby the FCC

Hot on the heels of an update to anti-fax spam rules, it was announced that the FCC has resolved a $16 million (and potentially as large as $48 million) lawsuit against a small Minnesota publishing company (Mariposa Publishing) as well as several other companies.

The lawsuit originated from a complaint in regards to fax advertising, which the FCC found that the rule on unsolicited faxes “caused confusion and misplaced confidence” about the language that should be included when sending a fax advertisement when Continue reading “$16M fax voilation lawsuit resolvedby the FCC”

FCC confirming opt-out notice requirements to all fax advertisements

With the intention of eliminating any confusion around opt-out requirements in fax advertising, the FCC has recently released requirements for fax advertising.

Things to take note of:

– Opt outs need to be clear and on the first page of the ad

– A contact phone and fax number must be included in the opt out

– The rules include pre-existing Continue reading “FCC confirming opt-out notice requirements to all fax advertisements”

Fax misuse responsible for murder suspect going free

In a case of forgotten toner, it appears that French court has allowed a murder suspect to go free because the hearing did not take place within a 20 day time period.

The cause? a fax machine that had run out of toner – it was so old a replacement couldn’t be found.

The fax had been sent but it was never seen by Continue reading “Fax misuse responsible for murder suspect going free”

Certification granted to class action lawsuit against MetLife for unsolicited faxes

A federal judge in Florida has issued a certification for a class action lawsuit against MetLife for responsibility for alleged unsolicited fax advertising by one of its partners.

While the class action suit is still in the early states, it is alleged that 35,000 Missouri residents received unsolicited advertisements over fax in 2012, and Continue reading “Certification granted to class action lawsuit against MetLife for unsolicited faxes”