On June 6, 2017, the U.S. Court of Appeals for the D.C. Circuit unanimously denied a request by a group of class action plaintiff petitioners in Bais Yaakov of Spring Valley v. FCC(No. 14-1234) for en banc review of the court’s decision to vacate the FCC’s October 30, 2014 Fax Advertisement Waiver Order.  The court found that the FCC’s 2006 Solicited Fax Rule was unlawful to the extent that it required opt-out notices on faxes sent with the recipient’s consent (i.e., “solicited” faxes) because the TCPA did not grant the FCC authority over solicited faxes.  The court order noted that no judge requested a vote on rehearing.