The U.S. Federal Communications Commission (FCC) has denied a request for a declaratory ruling on scope of its regulations under the Telephone Consumer Protection Act (TCPA). The decision comes in response to a petition from Kohll’s Pharmacy & Homecare, which sought to have the FCC grant an exemption to TCPA regulations for fax transmissions explaining the benefits of flu vaccinations.
In its petition, Kohll’s argued that the faxes did not qualify as “unsolicited advertisements” under TCPA regulations as they were focused on promoting wellness and keeping people from getting ill during flu season. Kohll’s further requested that the FCC issue an exemption regarding the faxes based on the Health Insurance Portability and Accountability Act (HIPAA), which protects healthcare-related messages.
The FCC denied each of Kohll’s requests, stating that the faxes were in fact advertisements, focused on the sale of flu vaccines. The FCC specifically identified the faxes’ listing of the sale price of the vaccines as evidence of their actual intent.
Read the text of the FCC’s Order in connection with the petition from Kohll’s.
