The Federal Communications Commission (FCC) is continuing its efforts to clarify the Telephone Consumer Protection Act (TCPA) and its requirements.

To this end, the FCC is seeking comments by tomorrow, January 13, 2015, on eleven petitions seeking waiver of the FCC’s rule on opt-out notices on fax advertisements to recipients who have provided prior express invitation or permission.   Specifically, the petitioners seek retroactive waiver  of the opt-out notice requirement for fax ads which the petitioners assert were sent where prior express invitation or permission had been obtained from the recipient.  The petitioners argue that good cause exists because they are similarly situated to parties who were previously granted retroactive waivers from this requirement by the FCC because of uncertainty about whether the opt-out notice applied to “solicited” faxes.

Under the TCPA, unsolicited faxed advertisements are prohibited unless the sender has an established business relationship with the recipient; the recipient voluntarily communicated his or her fax number directly to the sender or a directory; and the faxed ad also contains an opt-out notice.

While comments are due tomorrow, reply comments are due January 20, 2015.

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Photo of Jason C. Gavejian Jason C. Gavejian

Jason C. Gavejian is the office managing principal of the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and a member of the firm’s Board of Directors. He is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jason C. Gavejian is the office managing principal of the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and a member of the firm’s Board of Directors. He is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Privacy blog.

Jason’s work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.