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Administrative Procedure Act The United States Federal Communications Commission Class Action

Troutman Amin LLP

WAVE OF LITIGATION ENDED?: Are the TCPA’s Quiet Hour Rules Dead After Friday’s Supreme Court Ruling?

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As TCPAWorld.com readers know, 2025 has seen a massive rush of TCPA class litigation. Indeed such filings are up over 100 percent from last year– which was already the highest volume year in history. The biggest volume of...more

Davis Wright Tremaine LLP

Leveling—or Blowing Up—the Hobbs Act Playing Field?

The Administrative Order Review Act (better known as the "Hobbs Act") grants "exclusive jurisdiction" to the federal courts of appeals to "determine the validity" of most FCC orders and rules and certain other agency orders....more

Womble Bond Dickinson

McLaughlin v. McKesson: Rebalancing the Scales Between Agency and Judicial Interpretation of the TCPA

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On June 20, 2025, the U.S. Supreme Court released a landmark opinion in McLaughlin Chiropractic Associates, Inc., v. McKesson Corp., further reshaping the scope of judicial review of agency action. ...more

Eversheds Sutherland (US) LLP

Supreme Court: Hobbs Act does not require federal courts to defer to FCC

On June 20, 2025, the U.S. Supreme Court issued its ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., holding that the federal Hobbs Act does not bind district courts in civil enforcement proceedings to a...more

Troutman Pepper Locke

Supreme Court Rules Hobbs Act Does Not Bind District Courts to Agency Interpretations

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In a significant ruling, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a...more

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

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On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

Husch Blackwell LLP on

There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

Womble Bond Dickinson

Controlled Chaos?: FCC Withdraws Overruled Portion of Solicited Fax Rule One Day After Supreme Court Accepts Review of Different...

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The TCPA jockeying continues at the FCC. As we reported on Tuesday, the U.S. Supreme Court has just granted cert to determine whether or not the FCC’s definition of “unsolicited advertisement” in its 2006 Junk Fax Ruling...more

Womble Bond Dickinson

From a Deference Dimension: Breaking Down the Supreme Court’s Grant of Certiorari to Consider Whether the Hobbs Act Requires...

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As reported earlier today, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018) to consider the following legal...more

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