US marketing agency Fax.com lives to fight another day after a judge prevented the Federal Communications Commission imposing a punitive $5.4 million (€5.5m; £3.4m) fine on the firm.

The FCC accuses Fax.com of devising a “pervasive and egregious pattern of deception” for faxing unsolicited commercial messages, breaching the Telephone Consumer Protection Act. The fine is the largest ever meted out for such an offence.

However, US District Court Judge Stephen N Limbaugh has ruled that the Act is unconstitutional. While the FCC contests this decision, no action can be taken against Fax.com and its clients pending a ruling by a higher court.

Data sourced from: AdAge.com; additional content by WARC staff