The FCC should issue a declaratory ruling clarifying...

The FCC should issue a declaratory ruling clarifying that Section 64.1200(a) (4)(iv) of its rules doesn’t apply to fax advertisements sent with the prior express consent or permission of the recipient, Merck said in a petition (http://bit.ly/1oXDqTm) posted to docket 02-278 Friday. In the alternative, the drugmaker asked the commission to clarify that the statutory basis for Section 64.1200(a) (4)(iv) is not Section 227 (b), or that solicited faxes sent with effective opt-out notices don’t violate FCC rules. A lawsuit seeking class-action status in U.S. District Court in Hartford claims that Merck violated commission rules because the opt-out language on the faxes allegedly didn’t fully comply.