Bais Yaakov of Spring Valley v. FCC, No. 14-1234 (D.C. Cir. 2017)Annotate this Case
The Junk Fax Prevention Act of 2005, 47 U.S.C. 227(b) bans most unsolicited fax advertisements, but allows unsolicited fax advertisements in certain commercial circumstances. The FCC issued a rule in 2006 that requires businesses to include opt-out notices not just on unsolicited fax advertisements, but also on solicited fax advertisements. Petitioners, businesses that send solicited fax advertisements, contend that the FCC's new rule exceeds the FCC's authority under the Act. The court held that the Act's requirement that businesses include an opt-out notice on unsolicited fax advertisements does not authorize the FCC to require businesses to include an opt-out notice on solicited fax advertisements. Therefore, the court held that the FCC's 2006 Solicited Fax Rule is unlawful to the extent that it requires opt-out notices on solicited faxes. The court vacated the order in this case because it interpreted and applied that 2006 Rule, remanding for further proceedings.