On July 25, the U.S. Court of Appeals for the D.C. Circuit announced that it will hear oral arguments in the case of Bais Yaakov et al. v. FCC on Tuesday, November 8, 2016 at 9:30 A.M. The Number of Petitions Pending New Petitions Filed Upcoming Comments Decisions Released 23 (+34 seeking a retroactive waiver of the opt‐out requirement for fax ads) North American Bancard, LLC (Aug. 16, 2016) – seeking a retroactive waiver of the opt‐out notice requirements for solicited faxes pursuant to the October 2014 Order Cartridge World North America, LLC (Aug. 24, 2016) – seeking a retroactive waiver of the opt‐out notice requirements for solicited faxes pursuant to the October 2014 Order RingCentral, Inc. – seeking a ruling that fax broadcasters are not “senders” for TCPA purposes and clarification regarding faxes with “ de minimis ” promotional information (Replies due 9/13/16) Professional Services Council – seeking reconsideration of the Broadnet declaratory ruling that grants a TCPA exemption for calls by government contractors (Comments due 9/14/16; Replies due 9/29/16) National Consumer Law Center – seeking reconsideration of the Broadnet declaratory ruling that grants a TCPA exemption for calls by government contractors (Replies due 9/15/16) North American Bancard, LLC – seeking a retroactive waiver of the opt‐out notice requirements for solicited faxes pursuant to the October 2014 Order (Replies due 9/16/16) Mortgage Bankers Association – exemption to the prior express consent requirement for non‐telemarketing mortgage servicing calls required by law under other statutes and regulations (Replies due 9/19/16) Anthem, Inc. et al. (July 28, 2016) – seeking clarification that even after the 2015 Omnibus TCPA Order, non‐ telemarketing healthcare calls allowed under HIPAA are still permissible under the TCPA (Comments due 9/19/16; Replies due 10/4/16) Report and Order – adopting new rules to implement the government debt collection exemption to the TCPA (rel. August 11, 2016) petitioners in this case have challenged the validity of the FCC’s October 2014 TCPA order that ultimately granted a retroactive waiver of the Commission’s fax advertisement rules to hundreds of entities. This appeal actually consists of two different sets of petitioners, who have challenged the decision on separate grounds. First, a group of plaintiffs whose junk faxing class action cases are currently pending in federal district courts appealed to the D.C. Circuit claiming that the FCC did not have the authority to issue the waiver of its rules on a retroactive basis. Second, a group of waiver recipients (many of which are defendants in junk fax class actions) challenged the 2014 order claiming that because the TCPA only explicitly covers unsolicited fax advertisements, the FCC exceeded its authority when it sought to regulate the content of solicited fax advertisements, and therefore the junk fax rules themselves are invalid.