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Statutory Interpretation The United States Federal Communications Commission Telephone Consumer Protection Act

Klein Moynihan Turco LLP

TCPA Quiet Hours Telemarketing and Consent

Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

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SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

Husch Blackwell LLP

Supreme Court Clarifies District Courts' Independence from FCC's TCPA Interpretations

Husch Blackwell LLP on

In a decision with sweeping implications for the administrative law and the regulation of tele-communications practices—to say nothing of one of the most dangerous class-action devices in history—the Supreme Court ruled in...more

Vedder Price

SCOTUS Ruling Tips the Scales in Favor of District Courts, Not the FCC, When it Comes to Interpreting TCPA

Vedder Price on

With its recent ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. ___ (2025), the U.S. Supreme Court has continued its trend of reining in the power of agencies and giving litigants more avenues...more

Cooley LLP

McLaughlin Chiropractic: US Supreme Court Invites New Era of TCPA Jurisprudence

Cooley LLP on

In a landmark development for lawsuits brought under the Telephone Consumer Protection Act (TCPA), on June 20, 2025, the US Supreme Court issued its widely anticipated decision in McLaughlin Chiropractic Associates, Inc. v....more

Troutman Pepper Locke

Why Does the TCPA Equal Chaos? The US Supreme Court Opens FCC Orders to New Challenges

Troutman Pepper Locke on

On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review...more

Foley & Lardner LLP

The Supreme Court Reins in Agency Power Again: What McKesson Means for TCPA Litigation

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The Supreme Court recently signaled a further shift away from judicial deference to administrative rulings. The question of whether the Telephone Consumer Protection Act (TCPA or “the Act”) covers online faxes (think your...more

Polsinelli

In TCPA Case, SCOTUS Rules District Courts Are Not Bound by Final FCC Orders

Polsinelli on

Key Takeaways: The U.S. Supreme Court has ruled that the Hobbs Act does not require district courts in civil enforcement proceedings to follow federal administrative agencies’ legal interpretations of federal statutes....more

Troutman Amin LLP

THE DEATH OF PRESUMPTION: Are Cell Phones Still “Residential” Post McLaughlin?

Troutman Amin LLP on

The TCPA landscape is being reshaped in real time and we’re here to bear witness. With the Supreme Court’s decision in McLaughlin Chiropractic Assocs. v. McKesson Corp., No. 23-1226, 2025 U.S. LEXIS 2385 (June 20, 2025), the...more

Troutman Amin LLP

SYSTEM REBOOT ON AUTODIALERS?: McLaughlin and the Future of TCPA Statutory Interpretation

Troutman Amin LLP on

Greetings TCPAWorld! When you thought you’d seen it all… think again. Here at TCPAWorld, we are the first in everything. The Supreme Court dropped another surprise that’s about to turn everything upside down again. See...more

Troutman Amin LLP

GAME CHANGER: After McLaughlin, Can Businesses Continue to Rely on the Rule that they have Express Consent Anytime a Consumer...

Troutman Amin LLP on

Happy Monday everyone! The Baroness here. Lets talk about something important. If you haven’t read the U.S. Supreme Court’s recent opinion in McLaughlin Chriopractric v. McKesson, you may want to do so now. It’s a very very...more

Troutman Amin LLP

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

Troutman Amin LLP on

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

Troutman Amin LLP

BREAKING: THEY DID IT!!: SCOTUS Guts the Hobbs Act! District Courts Free to Disregard FCC TCPA Rulings in Civil Enforcement...

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Supreme Court just handed down the widely-watched decision in McLaughlin Chriopractric v. McKesson. Held: The Hobbs Act does not bind district courts in civil enforcement proceedings to an agency’s interpretation of a...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

Benesch

SCOTUS Rejects FCC Edicts: Courts are (Finally) Free to Interpret the TCPA

Benesch on

In a highly anticipated decision with broad implications for Telephone Consumer Protection Act (“TCPA”) litigants, on June 20, 2025, the Supreme Court issued its decision in McLaughlin Chiropractic Associates, Inc. v....more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — US Supreme Court Sends TCPA District Courts Back to Square One While Breathing New Life into...

In a new 6-3 opinion, the US Supreme Court has cast further doubt into TCPA litigation. The decade-old underlying case, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al., was filed after the defendant...more

Lerman Senter PLLC

Supreme Court TCPA Decision Limits FCC Interpretative Powers, Expands District Court Review

Lerman Senter PLLC on

The Supreme Court continued its recent trend toward limiting the independence of federal administrative agencies with its decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. In McLaughlin, the Court held...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

Best Best & Krieger LLP

Supreme Court Rules District Courts Not Bound by FCC Statutory Interpretations under the Hobbs Act

On Friday, June 20th, the Supreme Court in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., No. 23-1226 (U.S. June 2025), ruled in a 6-3 decision that the Hobbs Act does not bind federal district courts in civil...more

Katten Muchin Rosenman LLP

SCOTUS Says District Courts Are Not Bound by FCC Orders Interpreting the TCPA

On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA)....more

Cooley LLP

SCOTUS Continues to Limit Authority of Regulatory Agencies by Empowering District Courts to Reject FCC Interpretations

Cooley LLP on

Suppose an administrative agency issues a rule governing private conduct. And suppose no one uses an available judicial review process to challenge that rule before it takes effect. If that rule is then invoked against a...more

McGlinchey Stafford

SCOTUS: Hobbs Act Does Not Bind District Courts to FCC’s Statute Interpretation

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Following in the wake of last years’ Loper Bright and Relentless, Inc. decisions that ended agency deference, the Supreme Court ruled on Friday in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp. that the Hobbs Act...more

Brownstein Hyatt Farber Schreck

Courts No Longer Have to Follow FCC Rulings

In a landmark decision released on June 20, the U.S. Supreme Court ruled 6-3 that the Hobbs Act does not require federal district courts to treat Federal Communications Commission (FCC) orders as binding precedent in private...more

Epstein Becker & Green

Federal Jurisdiction and Review Standards at Issue in Cases Ranging from Terrorism to Tobacco - SCOTUS Today

Epstein Becker & Green on

With six more decisions, the U.S. Supreme Court decided no fewer than 11 cases in two business days last week, following 12 others over the previous two weeks. In other words, summer vacation is upon us, as the Court’s...more

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