Greetings, fellow fax aficionados! Today, we’re diving into a fascinating legal case that’s been buzzing in the fax world: Gorss Motels Inc., et al. v. FCC, et al. Yes, you read that right. In 2022, we’re still discussing the legalities of faxing. Who said fax was dead?
The case revolves around the Solicited Fax Rule, which was recently removed from the Code of Federal Regulations by the Federal Communications Commission (FCC). This move was in response to a decision from the D.C. Circuit, which deemed the rule unlawful. The question at hand was whether the D.C. Circuit’s decision binds the Second Circuit and whether the FCC erred by repealing the rule following the ruling.
In a twist that could only happen in the world of fax, the Second Circuit denied the petition, agreeing with the D.C. Circuit’s decision to vacate the rule. They noted that the Hobbs Act’s channeling mechanism made the D.C. Circuit the sole forum for addressing the rule’s validity, and the FCC was bound to comply.
So, what does this mean for our beloved fax? Well, it’s yet another testament to the enduring relevance of this technology. Even in an era of instant messaging and video calls, the humble fax machine continues to make its mark, not just in our offices, but in our courtrooms too.
Stay tuned, fax fans. Who knows what legal intrigue our favorite machine will stir up next? Until then, keep those faxes rolling!