FCC Could Exempt Certain Internet Faxes From TCPA Regulation

Last Tuesday, the Federal Communications Commission (the "FCC" or "Commission") announced that it is seeking public comment on whether Internet faxes that are both sent and received digitally should be governed by the Telephone Consumer Protection Act (the "TCPA") or the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM Act").

Could Internet fax marketers escape TCPA regulation?

Petition for TCPA Exemption

Joseph T. Ryerson & Son. Inc. ("Ryerson"), a distributor and processor of metals, is involved in pending TCPA class action litigation for delivering an Internet fax through a third-party Web portal, which was then received by the intended recipient via email. On November 4, 2015, Ryerson filed a Petition for Declaratory Ruling with the FCC, asking the Commission "to declare that alleged 'faxes' that initiate in digital form and are received in digital form do not fall within the TCPA." Ryerson raises three arguments