Junk Fax Rule Appeal to Be Reviewed by Supreme Court Feb. 16
The Supreme Court will decide Feb. 16 whether to hear appeal of U.S. Court of Appeals for the D.C. Circuit overturn of the FCC junk fax rule. The high court said Wednesday it distributed briefs in docket 17-351 for the…
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Feb. 16 conference. The FCC and a group of private respondents argued against the court taking up the appeal (see 1801170002). The petitioners last week said the D.C. Circuit decision (see 1703310018) was "radical" in its reasoning that Congress' silence on a regulatory issue -- such as whether the FCC can regulate opt-out notices on solicited fax ads -- shows intent to prohibit regulation of that issue. Petitioners argued that the agency's issuing waivers to the private respondents is a side issue since those waivers shouldn't survive judicial scrutiny.