FCC Denies Junk Fax Waivers Challenge
The U.S. Court of Appeals for the D.C. Circuit ruling earlier this month in PHH v. Consumer Financial Protection Bureau bolsters the FCC position in a lawsuit challenging retroactive waivers granted to some companies in its 2014 junk fax order,…
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the agency said in a letter Thursday (in Pacer). PHH, cited by plaintiff petitioners in Yaakov of Spring Valley et al. v. FCC (see 1610140004), is dramatically different from the waivers challenge, since by giving the waivers, the commission was excusing liability where regulated parties could have been confused about requirements instead of imposing unexpected liability on regulated parties, it said. The PHH decision said the CFPB structure intruded on presidential Article II powers and thus violated separation of powers, but the FCC waivers don't violate that principle since the agency's ability to waive is own rules for good cause is well established. Counsel for the plaintiffs didn't comment.