111460P.pdf   05/21/2013  Michael Nack  v.  Douglas Walburg
   U.S. Court of Appeals Case No:  11-1460
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Wollman and Colloton, Circuit Judges]
   Civil case - Telephone Consumer Protection Act of 1991. District court
   erred in granting defendant summary judgment on plaintiff's claim that
   his receipt of one fax advertisement from defendant which did not
   contain the opt-out language mandated by 47 C.F.R. Sec.
   64.1200(a)(3)(iv) violated the Telephone Protection Act as amended by
   the Junk Fax Prevention Act of 2005; the regulation, as written, requires
   the opt-out language even if the sender received prior express
   authorization to send the fax; this plain-language interpretation of the
   regulation is consistent with the FCC's proffered interpretation of the
   regulation; at this stage of the matter, the court could not entertain
   arguments that the unambiguous regulation is contrary to unambiguous
   statutory language or that the application of the regulation was arbitrary
   or capricious as such challenges would be precluded by the Hobbs Act.