The Telephone Consumer Protection Act of 1991, codified as 47 U.S.C § 227 (TCPA), and its implementing regulations (to the extent applicable) have caused confusion since their enactment.1 At times, determining who may be called, texted, or faxed seems like playing a game of three-dimensional chess. Gaining an understanding of the statute and its regulations
On March 31, 2017, the D.C. Circuit held that the Federal Communications Commission (FCC) lacked authority under the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act (collectively, the TCPA), to issue a rule, known as the “Solicited Fax Rule,” requiring businesses to include opt-out notices on solicited fax advertisements. Bais Yaakov