FCC’s Retroactive Solicited Fax Opt-Out Waiver Window Closing

Businesses that engage in fax advertising and solicitation should pay careful attention to the recent ruling by the Federal Communications Commission clarifying that even fax advertisements sent with the prior express invitation or permission of the recipient must include an opt-out notice that: (1) is clear and conspicuous and on the first page of the ad; (2) states that the recipient may request the sender not send any future ads and that failure to comply with an opt-out request within 30 days is unlawful; and (3) contains a telephone number and fax number for the recipient to transmit an opt-out request.

Because there had been some confusion about whether the opt-out requirement applied to solicited fax advertisements, the FCC granted a retroactive waiver of the requirement to 24 companies that had asked for the clarification, allowing them until April 30, 2015, to come into full compliance with the opt-out requirement.