Window to Apply for FCC’s Retroactive Solicited Fax Opt-Out Waiver Closing

On October 30, 2014, the Federal Communications Commission (“FCC”) released an Order requiring opt-out notices to be presented on all fax advertisements, conforming to the rules outlined in the FCC’s 2006 Junk Fax Order. To be in compliance with the Order, senders must satisfy all components listed within:

(1)       be clear and conspicuous and on the first page of the ad;

(2)       state that the recipient may make a request to the sender not to send any

           future ads and that failure to comply, within 30 days, with such request is

           unlawful; and

(3)       contain a domestic contact telephone number and fax number for the

           recipient to transmit an opt-out request. Fax ads sent pursuant to an

           established business relationship must also contain this opt-out information.

The opt-out notice must be included in all faxed ads, even those sent with prior express consent. However, the FCC is granting retroactive waivers for those who sent such solicited advertisements up until April 30th, 2015. These waivers are intended to provide temporary relief from past offenders and allow for more time for waiver recipients to come into full compliance with the Order.

Even if your company does not qualify for such a waiver, there are still numerous defenses that can be asserted in a lawsuit such as this. Contact Nicole Strickler at 312-334-3442 or nstrickler@messerstrickler.com for more information about applying for the FCC’s waiver and other consumer litigation compliance issues.

View the Order Here.