On August 28, 2015, the Consumer & Governmental Affairs Bureau released an Order granting 117 petitions for a retroactive waiver of the FCC’s rules governing opt-out notices to be provided on facsimile transmissions sent with the recipient’s consent. Petitioners sought a retroactive waiver of the FCC’s rules requiring faxes contain specified information informing the recipient how to “opt-out” of receiving future faxes. Petitioners contended that the FCC’s requirement was unclear and that it was not intended to apply to faxes sent with the recipient’s express permission.
Consistent with the Commission’s October 2014 decision in Anda, the Bureau granted a retroactive waiver of the fax rules, for all “solicited” faxes sent through April 30, 2015. In Anda, the FCC granted a retroactive waiver to the petitioners and other similarly situated parties because the scope of the opt-out requirement was previously unclear. The Bureau order grants all “me-too” waiver petitions filed through June 23, 2015.