FCC Seeks Comment on Petitions Concerning the Commission's Rule on Opt-Out Notices on Fax Advertisements

Three petitions have been filed seeking a waiver of section 64.1200(a)(4)(iv) of the Federal Communications Commission’s rules, which requires that an opt-out notice containing certain information be included in fax ads sent to a consumer who has provided prior express invitation or permission. With this Public Notice, we seek comment on the Petitions as described below.

Specifically, the Petitioners seek retroactive waivers of the opt-out notice requirement for fax ads they sent where prior express invitation or permission allegedly had been obtained from the recipient. 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. 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. 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.