News & Analysis as of

Statutory Interpretation Telecommunications

Lerman Senter PLLC

Court Rejects FCC's Reinstatement of Form 395-B Filings

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A federal appeals court has invalidated the FCC’s attempt to require broadcasters to file annual reports disclosing the race, ethnicity, and gender of their employees....more

Lerman Senter PLLC

Federal Communications Commission Enforcement Enters a Time of Uncertainty

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Recent political and legal developments call into question the future of the Federal Communications Commission’s in-house enforcement practices....more

Akerman LLP - SALT Insights

A “Source” of Consternation? The Taxation of Telecommunications Companies in Florida

Like many states, Florida’s corporate income tax regime has special rules applicable to telecommunications companies. The tricky part about taxing the telecommunications industry is how to source receipts earned from...more

Faegre Drinker Biddle & Reath LLP

Federal Court Dismisses Lawsuit, Finding Alleged Faxes Were Not Sent to a “Telephone Facsimile Machine”

The TCPA generally prohibits the transmission of an “unsolicited advertisement” to a “telephone facsimile machine.” 47 U.S.C. § 227(b)(1)(c). But is an “online fax service” a “telephone facsimile machine”? And can a plaintiff...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more

BCLP

Dear Public, What Should We DELETE, DELETE, DELETE? Best Regards, the FCC.

BCLP on

On March 12, 2025, Federal Communications Commission (“FCC”) chair, Brendan Carr, opened a new docket titled In Re: Delete, Delete, Delete (the “Notice”), asking for the public’s help in identifying “unnecessary” FCC rules,...more

Cozen O'Connor

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

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On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This...more

Faegre Drinker Biddle & Reath LLP

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

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

Troutman Pepper Locke

Eleventh Circuit Re-Opens TCPA “Lead Generator Loophole” and Signals Further Erosion of Judicial Deference to Administrative Rules

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In Insurance Marketing Coalition Ltd. v. FCC, ‎— F.4th —-, 2025 WL 289152 (11th Cir. Jan. 24, 2025)‎, the U.S. Court of Appeals for the Eleventh Circuit came to the rescue of the lead generation industry, striking down new...more

K&L Gates LLP

Loper Bright Strikes Again: Eleventh Circuit Hangs Up on FCC's One-to-One Consent Rule, Calling the Validity of Other TCPA Rules...

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The Eleventh Circuit Court of Appeals recently vacated the Federal Communications Commission’s 2023 “one-to-one consent rule” under the Telephone Consumer Protection Act (TCPA). In Insurance Marketing Coalition, Ltd. v....more

Benesch

Eleventh Circuit Axes FCC’s One-to-One Consent Rule, Citing Agency Overstep

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On January 24, 2025, only 48 hours before the Federal Communications Commission’s (“FCC”) FCC 23-107 Order was set to go into effect, the United States Court of Appeals for the Eleventh Circuit in Insurance Marketing...more

Polsinelli

Eleventh Circuit Overturns FCC’s One-to-One Consent Rule

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A 2023 Federal Communications Commission (FCC) Order interpreted the Telephone Consumer Protection Act as requiring that consumers provide specific one-to-one consent to receive robocalls. The purpose was to fill what the FCC...more

Troutman Pepper Locke

Third Circuit Denies Class Certification But Upholds TCPA’s Restrictions on Unsolicited Fax Advertisements

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Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...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

Husch Blackwell LLP

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

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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

Burr & Forman

Eleventh Circuit Vacates FCC’s One-to-One Consent and Logically-and-Topically-Related Requirements for Prior Express Consent

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Insurance Marketing Coalition, Ltd. v. Federal Communications Commissions, No. 24-10277, 2025 WL 289152 (11th Cir. Jan. 24, 2025) - “At bottom, the FCC has ‘decreed a duty on [lead generators] that the statute does not...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

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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

Davis Wright Tremaine LLP

6th Circuit Invalidates FCC's 2024 Network Neutrality Order

On January 2, 2025, the U.S. Court of Appeals for the 6th Circuit issued a decision ("Decision") invalidating the Federal Communications Commission's ("FCC") Safeguarding and Securing the Open Internet Order ("Safeguarding...more

Stevens & Lee

U.S. Supreme Court Appears Ready to Tackle a Major Separation of Powers Issue

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This white paper discusses FCC v. Consumers’ Research, a case now set for consideration by the U.S. Supreme Court, along with a review and analysis of the major impact it may have on how and when Congress may permissibly...more

Perkins Coie

Why the FCC’s Net Neutrality Rules Were Struck Down

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The decades-long fight over net neutrality appears to be over. In one of the first appellate decisions since the Supreme Court of the United States overturned Chevron deference in Loper Bright Enterprises v. Raimondo...more

Kohrman Jackson & Krantz LLP

Is Your Internet Bill About to Skyrocket While Your Service Gets Worse?

The Sixth Circuit’s January 2, 2025, decision in Ohio Telecom Association et al. v. Federal Communications Commission et al. may reshape the future of the Internet, delivering a significant blow to the concept of net...more

Hogan Lovells

Winnik panelists discuss the impact of Loper Bright on FCC rulemaking

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At its annual Winnik International Tech & Telecom Forum, the Hogan Lovells Communications, Internet, and Media practice hosted a fireside chat examining the implications of the U.S. Supreme Court’s recent decision in Loper...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

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The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Perkins Coie

Supreme Court Overrules Chevron; Courts Must Determine “Best” Meaning of Statutes Without Deference

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The Supreme Court of the United States has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). For 40 years, if an agency was interpreting an “ambiguous” provision of a statute it...more

Venable LLP

Telecommunications Law and Policy in a Post-Chevron World

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As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more

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