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Earlier this month, the Federal Communications Commission (FCC) made a significant change to the Telephone Consumer Protection Act (TCPA) law. The changes eliminate the requirement mandating that faxes sent with a recipient’s prior consent must include an opt-out notice. The change is believed to be in response to a Court of Appeals decision stating that the FCC did not have the power to issue a ruling purporting to dictate the content of solicited versus unsolicited faxes.

Under the revised TCPA law changes, businesses that have received permission or consent from their intended fax recipient may send fax ads without the need to include the opt-out notice. However, it is worth reinforcing that this change is relegated to faxes where the recipient has given consent. Should the fax be considered unsolicited, then the business is still required to include the customary opt-out notice. Additionally, if the recipient does, in fact, choose to opt out, then any fax advertisements to the recipient must cease. As TCPA law undergoes changes, businesses may wish to keep legal counsel on hand if they are planning on launching any marketing campaigns involving faxes.

This update is by Abril Law, a law firm comprised of attorneys Jorge M. Abril and Sinead Baldwin. Our services include medical reimbursement, commercial litigation, and more. If you have any questions or wish to schedule an appointment with a collection attorney Miami, please call 305-373-0901 to speak with one of our attorneys. We look forward to working with you.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.

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