In follow up to our previous blog entry on the subject, comment deadlines were set for additional petitions seeking to clarify TCPA provisions and related FCC rules. Comments on these Petitions are due on November 23, 2012, and reply comments are due on December 10, 2012.
- The Westfax Petition asks the FCC to clarify whether “efaxes,” which are facsimile messages that are converted to e-mail, are subject to the facsimile advertising rules under the TCPA and the Junk Fact Prevention Act of 2005.
- The iHire Petition asks the FCC to declare that a third party faxing resumes of individual job applicants in response to help wanted postings is not an “advertisement” subject to the TCPA and, therefore, is exempt from the requirement to include an opt-out provision on the first page of the fax.
- The 3G Collect LLC Petition asks the FCC to declare that operator service providers are not subject to the TCPA prohibition on prerecorded calls to wireless phones when connecting collect callers to telephone numbers assigned to wireless telephones.
- The Revolution Messaging Petition asks the FCC to clarify that certain internet-to-phone text messaging technology is an “automatic telephone dialing system” within the meaning of the TCPA and thus is subject to related FCC rules.