FCC, Certiorari | JD Supra

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

Pillsbury Winthrop Shaw Pittman LLP on 7/25/2024

In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more

Supreme Court Issues Monumental TCPA Decision

Jackson Lewis P.C. on 4/2/2021

In a decision certain to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, today the U.S. Supreme Court concluded narrowly that to qualify as an “automatic telephone dialing system”,...more

Facebook and the United States Submit Briefs in Facebook, Inc. v. Duguid

Womble Bond Dickinson on 9/28/2020

The Supreme Court’s decision to grant certiorari in Facebook, Inc. v. Duguid has been in the forefront of the TCPA world since July when news of the decision hit. With this granting of certiorari comes the promise to resolve...more

U.S. Supreme Court to Address Major TCPA Issue Next Term, Resolving Circuit Split on Autodialer Standard

Hudson Cook, LLP on 8/5/2020

Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more

SCOTUS Accepts Review of TCPA "Autodialer" Question

WilmerHale on 7/23/2020

The U.S. Supreme Court has agreed to wade into the Telephone Consumer Protection Act (“TCPA”) fray again - this time over what qualifies as an autodialer under the TCPA. On July 9, 2020, the Supreme Court granted writ of...more

TCPA Tracker - July 2020

Kelley Drye & Warren LLP on 7/16/2020

Recent News - Supreme Court Upholds Constitutionality of the TCPA - On July 6, 2020, in a 7-2 decision, the Supreme Court upheld the constitutionality of the TCPA, but severed as unconstitutional the 2015 amendment that...more

Supreme Court Agrees to Review Growing Circuit Split on Definition of ATDS

K&L Gates LLP on 7/15/2020

On Thursday, the United States Supreme Court agreed to review the question of what type of dialing equipment qualifies as an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA). The...more

Supreme Court Agrees To Review ATDS Definition

Faegre Drinker Biddle & Reath LLP on 7/10/2020

Earlier today, the United States Supreme Court granted the petition for certiorari in which Facebook had asked the Court to resolve the growing circuit split regarding the definition of an ATDS. The Court limited its review...more

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

Hinshaw & Culbertson - Consumer Crossroads on 7/9/2020

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

Harris Beach PLLC on 1/30/2020

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

Ninth Circuit decision on TCPA autodialer definition settles: what does it mean?

Ballard Spahr LLP on 3/1/2019

In September 2018, in Marks v. San Diego Crunch, a unanimous Ninth Circuit three-judge panel held that the TCPA’s definition of an automatic dialing system (ATDS) includes telephone equipment that can automatically dial phone...more

Video Countdown: Top Ten 2018 TCPA News Stories

Womble Bond Dickinson on 2/11/2019

The world of the TCPA is marked by constant flux and 2018 proved to be a particularly fluctuating year as the TCPA yo-yo'ed between positive court decisions, alarming legal enforcement against violators of the TCPA, and...more

Supreme Court Breaks Back to Weigh In on Agency Deference

Manatt, Phelps & Phillips, LLP on 12/31/2018

In big Telephone Consumer Protection Act (TCPA) news, the U.S. Supreme Court granted certiorari in a junk fax case brought under the statute....more

Deference or preference – Supreme Court to address agency authority in context of TCPA litigation

Eversheds Sutherland (US) LLP on 12/6/2018

Are courts bound by Federal Communications Commission (FCC) rulings and orders in deciding Telephone Consumer Protection Act (TCPA) cases? The United States Supreme Court has agreed to take on a case raising this very issue. ...more

Supreme Court Grants Cert in TCPA Junk Fax Case to Determine Whether the Hobbs Act Trumps the Chevron Doctrine

Goodwin on 11/29/2018

On November 13, 2018, the Supreme Court granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic (No. 17-1705), to answer the question whether the Hobbs Act required the district court to accept the Federal...more

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

Womble Bond Dickinson on 11/16/2018

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

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

Womble Bond Dickinson on 11/14/2018

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

BREAKING: Supreme Court Grants Petition of Certiorari in TCPA Class Action to Determine Binding Effect of FCC Rulings

Womble Bond Dickinson on 11/14/2018

BIG TCPA NEWS! The the Supreme Court granted a Petition for Certiorari in a junk fax TCPA class action to answer the following question...more

The Supreme Court - November 13, 2018

Dorsey & Whitney LLP on 11/14/2018

Today, the Supreme Court granted certiorari in the following case: PDR Network, LLC v. Carlton & Harris Chiropractic Inc., No 17-1705: Whether the Hobbs Act required the district court in this case to accept the Federal...more

The D.C. Circuit Denies Motion to Stay Issuance of Mandate in Yaakov v. FCC Opt-Out Notification Case, but Petition for Certiorari...

BakerHostetler on 7/12/2017

On March 31, 2017, the D.C. Circuit entered its ruling in the closely watched Yaakov v. FCC case, holding that the Federal Communications Commission (FCC) had exceeded the authority given to it by Congress when it promulgated...more

TCPA Connect - July 2016

Manatt, Phelps & Phillips, LLP on 7/20/2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

UPDATE: Supreme Court Denies Certiorari For Challenge to Regulation of Speech on Public Broadcast Stations

Nossaman LLP on 7/10/2014

Two weeks ago, we speculated that the Court would grant certiorari in Minority Television Project, Inc. v. Federal Communications Commission (9th Cir. 2013) 736 F.3d 1192 (en banc) (lead opn. of McKeown, J.). In the case, a...more

Minority Television Project, Inc. v. FCC and Lincoln Broadcasting Co.

Petition For Writ of Certiorari

Orrick, Herrington & Sutcliffe LLP on 3/20/2014

Questions Presented: 1. In 1969, this Court held in Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969), that the First Amendment permits the government to restrict the speech of broadcasters in ways that this Court...more

The United States Federal Communications Commission › Certiorari

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