JUDGE BLOCKS FCC RECORD 'JUNK FAX' FINE

Says Law Fax.com Is Accused of Violating Is Unconstitutional

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WASHINGTON (AdAge.com) -- Two months after the Federal Communications Commission fined Fax.com a record $5.4 million, a judge has put the enforcement on hold, allowing the "junk faxing" to continue.

U.S. District Court Judge Stephen N. Limbaugh, who earlier ruled that the Telephone Consumer Protection Act's ban on unsolicited faxes is unconstitutional, issued a restraining order preventing the FCC from acting against Fax.com or its clients until the law's legal status is resolved by a higher court.

'Pattern of deception'
The FCC accused accused

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Says Law Goes Too Far
Fax.com of a "pervasive and egregious pattern of deception" for sending unsolicited or "junk" faxes to consumers and businesses in violation of the Telephone Consumer Protection Act, which protects against unsolicited faxes, telemarketing calls and prerecorded messages, among other things.

Judge Limbaugh also required the FCC to tell Fax.com's clients that no action would be taken pending the decision.

The FCC is appealing Judge Limbaugh's original decision the law is unconstitutional to the 8th Circuit Court of Appeals.

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