The FCC has released for comment several petitions that seek a declaratory ruling, rulemaking, and/or waiver concerning Section 64.1200(a)(4)(iv) of the FCC’s rules, which requires fax advertisements sent to a consumer who has provided prior express invitation or permission to include an opt-out notice. Though all of the petitioners request a declaratory ruling that the FCC lacked the statutory authority to adopt this rule, some petitioners request individual waivers while others ask the FCC to initiate a rulemaking proceeding to repeal the rule or declare that certain “substantially compliant” opt-out notices satisfy the rule. Comments on the fax ad petitions are due by February 14, 2014 and reply comments by February 21, 2014.
