Court issues opinion that the FCC lacked authority under the TCPA to regulate facsimiles that were sent with the recipient’s consent.
This opinion found that an FCC rule issued in 2006 requiring a sender to include an opt-out notice on faxes that were solicited by the recipient was unlawful and vacated the FCC order implementing the rule. The TCPA, enacted into law in 1991 and codified at 47 U.S.C. § 227, prohibits the use of a fax machine to send an “unsolicited advertisement” under certain circumstances. An “unsolicited advertisement” is “any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s prior express invitation or permission.” Prior to 2006, courts regularly held that faxes sent with “prior express invitation or permission” were not prohibited by the TCPA or subject to regulations promulgated thereunder.
Agenda
Faculty
Molly K. McGinley
K&L Gates LLP
Molly K. McGinley is a partner at K&L Gates. She concentrates her practice in commercial litigation with a focus on complex litigation, including investment company litigation, securities litigation and consumer class action defense. Ms. McGinley is a member of the firm’s Securities and Transactional Litigation Practice and Class Action Litigation Defense Groups. Ms. McGinley has litigated in numerous state and federal jurisdictions, representing a broad range of clients, including small companies, Fortune 500 Companies and investment advisers. She has handled various commercial disputes, including contract and business tort litigation and internal investigations.
Nicole C. Mueller
K&L Gates LLP
Nicole C. Mueller is an associate at K&L Gates. Ms. Mueller’s practice is focused in litigation under the federal and state securities laws and litigation arising out of mergers and acquisitions, other transactions and corporate governance matters. Her experience includes representing investment advisers, corporate officers and directors, and independent trustees in derivative lawsuits, investigations, and actions brought pursuant to Section 36(b) of the Investment Company Act of 1940. Ms. Mueller also practices in the areas of complex commercial litigation and arbitration, regulatory disputes, and employment law.
Joseph C. Wylie II
K&L Gates LLP
Joseph C. Wylie II is a partner at K&L Gates. Mr. Wylie’s practice focuses on complex class-action defense and complex commercial litigation with a particular emphasis on consumer and securities matters. He represents clients in defending against a wide range of individual and class-action consumer claims, including consumer fraud actions and claims brought under the Telephone Consumer Protection Act. He also represents investment advisers and mutual fund families in connection with government investigations and investor claims, including claims made under the Investment Company Act. Mr. Wylie also represents clients in business tort litigation, including lawsuits concerning enforcement of noncompetition and nonsolicitation agreements, misappropriation of trade secrets, and breaches of commercial and employment contracts. Mr. Wylie represents clients involved in disputes concerning the management and control of limited partnerships, limited liability companies, and closely-held businesses, including lawsuits concerning alleged breaches of fiduciary duties.
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