"D.C. Circuit Strikes Down FCC’s Order Requiring Opt-out Language on Solicited Fax Advertisements"

On March 31, 2017, the D.C. Circuit issued its long-awaited decision in Bais Yaakov of Spring Valley, et al., v. Federal Communications Commission, et al., No. 14-1234, invalidating the FCC’s rulings that required opt-out language on both solicited and unsolicited fax advertisements.  This Stroock Special Bulletin provides an overview of the split decision, which was authored by Circuit Judge Kavanaugh, joined by Senior Circuit Judge Randolph and from which Circuit Judge Pillard dissented.