Julie Honor

Julie Honor

Greater Chicago Area
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Experienced general counsel with a strong background in change management. I serve as a…

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  • The Widespread Impact of the FCC's 2014 Ruling Relating to Fax Advertising

    DRI - The Business Suit

    The Telephone Consumer Protection Act (“TCPA”) has long been a hot bed for consumer protection based class actions, with potentially devastating results to small businesses. The TCPA had also been subject to amorphous interpretation as to whether faxes or other solicitations were compliant with the provisions of the Act. Recently counsel for Swanson, Martin & Bell, LLP filed a petition with the Federal Communications Commission (“FCC”) on behalf of its client facing such a putative TCPA class…

    The Telephone Consumer Protection Act (“TCPA”) has long been a hot bed for consumer protection based class actions, with potentially devastating results to small businesses. The TCPA had also been subject to amorphous interpretation as to whether faxes or other solicitations were compliant with the provisions of the Act. Recently counsel for Swanson, Martin & Bell, LLP filed a petition with the Federal Communications Commission (“FCC”) on behalf of its client facing such a putative TCPA class action. As part of its defense, the firm met with FCC representatives in Washington, D.C., to discuss the client’s circumstances and to emphasize why relief from the FCC was necessary in this case. Approximately one month later, the FCC issued its ruling on the pending petitions, which eventually led to the dismissal of the class action lawsuit against the client.

    The landmark ruling clarified the opt-out notice requirements for solicited facsimiles. Specifically, the FCC granted a retroactive waiver of compliance with the opt-out notice requirements for “solicited” faxes. The retroactive waivers provide fax senders “temporary relief from any past obligation to provide the opt-out notice to such recipients required by [the FCC’s] rules.”

    If a business has sent fax advertisements in the past four years or might send fax advertisements in the future, the faxes must have compliant opt-out language by April 30, 2015.

    Other authors
    • Michael McCaskey
    • Joseph Kincaid
    See publication

Languages

  • Spanish

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Organizations

  • American Bar Association

    Member

  • Chicago Bar Association

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  • Project Management Institute

    Member

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