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Supreme Court of the United States › Statutory Interpretation › Telephone Consumer Protection Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Rumberger | Kirk

High Court Could Further Limit Deference With TCPA Fax Case in Law360

Rumberger | Kirk on

Are district courts bound by both interpretive and final rules issued by the Federal Communications Commission? The U.S. Supreme Court‘s decision to hear the case of McLaughlin Chiropractic Associates Inc. v. McKesson...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Hears Oral Argument in Case Regarding FCC’s Authority to Interpret Telephone Consumer Protection Act

Faegre Drinker Biddle & Reath LLP on

Recently, the U.S. Supreme Court heard oral argument in a case that has the potential to sound the death knell to the Federal Communications Commission’s (FCC) authority to bind courts to its interpretation of the Telephone...more

McGlinchey Stafford

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

McGlinchey Stafford on

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

Troutman Pepper Locke

Supreme Court Hears Oral Arguments on the Scope of Judicial Review Under the Hobbs Act

Troutman Pepper Locke on

On January 21, the Supreme Court heard oral arguments in the case of McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. As discussed here, the primary issue is whether the Hobbs Act, which limits judicial...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

Cozen O'Connor on

Yesterday, the Supreme Court heard oral argument in a case that will likely determine whether a federal district court or the Federal Communications Commission (FCC) has the final say on how to interpret the Telephone...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Will the Supreme Court Revive TCPA Fax Cases and Deliver Another Blow...

Mintz - Technology, Communications & Media... on

The Supreme Court is poised to provide further guidance on the limits of agency rulings. The case is McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al., No. 23-1226, and it raises the issue of whether the...more

Ballard Spahr LLP

Supreme Court accepts case seeking to determine whether district courts must accept FCC’s interpretation of TCPA

Ballard Spahr LLP on

The U.S. Supreme Court has agreed to consider a case that could clarify whether the Hobbs Act, which limits judicial review of FCC final orders to appeals courts, means that district courts must accept the FCC’s...more

Eversheds Sutherland (US) LLP

Supreme Court to consider FCC's power to interpret the Telephone Consumer Protection Act

Eversheds Sutherland (US) LLP on

The United States Supreme Court will hear the case McLaughlin Chiropractic Associates Inc. v. McKesson Corporation, which poses the question of whether federal district courts, under the Hobbs Act, must adhere to the rulings...more

McGlinchey Stafford

Litigation Byte (July Edition)

McGlinchey Stafford on

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Foley & Lardner LLP

The Potential Impact of SCOTUS' Chevron Decision on Privacy Regulations

Foley & Lardner LLP on

Given the inability of the U.S. Congress to pass a comprehensive privacy law (such as the proposed and likely dead-on-arrival APRA), the United States continues to be left with a patchwork of sector-specific laws and a...more

Klein Moynihan Turco LLP

Chevron Deference Overruled! FCC To Curb TCPA Rulemaking?

Klein Moynihan Turco LLP on

As our readers are by now aware, on June 28, 2024, the Supreme Court of the United States overturned a legal precedent known as “Chevron deference” by a 6-3 vote. The Court’s opinion in Loper Bright Enterprises et al. v....more

Wiley Rein LLP

How the Supreme Court’s Blockbuster Chevron Case Might Affect the Future of Tech Regulation

Wiley Rein LLP on

This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and...more

Hinshaw & Culbertson - Consumer Crossroads

Unpacking the U.S. Supreme Court's Unanimous Facebook Decision Narrowing the TCPA's Autodialer Definition

Hinshaw & Culbertson - Consumer Crossroads on

A unanimous United States Supreme Court (SCOTUS) on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted...more

Proskauer - Advertising Law

Supreme Court “Unfriends” Ninth Circuit Decision Applying TCPA to Facebook

Proskauer - Advertising Law on

In a unanimous decision, the Supreme Court today held that Facebook’s “login notification” text messages (sent to users when an attempt is made to access their Facebook account from an unknown device or browser) did not...more

Hudson Cook, LLP

U.S. Supreme Court Hears Oral Argument in the TCPA "Autodialer" Case

Hudson Cook, LLP on

On December 8, 2020, the U.S. Supreme Court heard oral arguments in Facebook, Inc. v. Duguid, a case that should establish a nationwide standard for the "autodialer" definition adopted by the Telephone Consumer Protection Act...more

Goodwin

Supreme Court Debates Grammar, Syntax In Case That Will Define the Limits of TCPA Litigation

Goodwin on

On December 8, 2020, the United States Supreme Court held oral argument in the case of Facebook, Inc. v. Duguid, No. 19-511, concerning the circuit split over what type of equipment qualifies as an “automatic telephone...more

Womble Bond Dickinson

Supreme Court Hears Oral Argument on TCPA’s ATDS Definition

Womble Bond Dickinson on

On December 7, 2020 the Supreme Court heard oral argument in Facebook v. Duguid to address the circuit split over the interpretation of the statutory definition of automatic telephone dialing system (ATDS) under the TCPA. The...more

Baker Donelson

The Supreme Court Answers a Call for Clarity Under the TCPA

Baker Donelson on

The 1991 Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, seems straightforward enough. Prerecorded calls to residences are prohibited, as are calls made using an "automatic telephone dialing system" to cell phones,...more

Troutman Pepper Locke

Kansas TCPA Ruling May Determine ATDS Cases in 10th Circuit

Troutman Pepper Locke on

Recently, the District Court of Kansas analyzed the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) in Hampton v. Barclays Bank Del. The Court concluded the...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Benesch

Supreme Court Punts On Whether Courts Are Bound By FCC Orders On The TCPA, But Not Without A Convincing Concurring Opinion

Benesch on

Yesterday morning, the Supreme Court issued its decision in PDR Network, LLC, et al. v. Carlton & Harris Chiropractic, Inc. At issue was whether a TCPA-defendant in a civil case may contest the Federal Communications...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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...

Womble Bond Dickinson on

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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