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Telecommunications Statutory Interpretation Class Action

Husch Blackwell LLP

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

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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

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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

McGlinchey Stafford

District Court Finds Defendant Honored Opt-out Request Within Reasonable Timeframe under TCPA

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The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more

Troutman Amin LLP

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

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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

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

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

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

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

Ballard Spahr LLP

DeSantis signs bill allowing debt collection emails between 9 p.m. and 8 a.m.

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Florida Gov. Ron DeSantis recently signed legislation making it clear that debt collection emails sent between 9 p.m. and 8 a.m. do not violate Florida law....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

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

Robinson+Cole Data Privacy + Security Insider

Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more

Hogan Lovells

Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split

Hogan Lovells on

Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

Womble Bond Dickinson

TCPA Disaster: Court Finds Manual Call May Still Violate the TCPA If It Occurred On Equipment That Has the Capacity to Dial...

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As the battle over the definition of an ATDS continues throughout the nation, a District Court in Virginia just entered the fight with a dagger. In Morgan v. On Deck Capital, Case No. 3:17-CV-00045, 2019 U.S. Dist. LEXIS...more

Womble Bond Dickinson

Coming Up Short: Court Denies Summary Judgment on ATDS use in TCPA Class Action Due to Evidentiary Shortcomings

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A magistrate judge in the Southern District of Florida has recommended that the Defendant’s motion for summary judgment based upon ATDS use be denied. Fortunately, this isn’t a Marks effect case. In fact, the legal definition...more

Akin Gump Strauss Hauer & Feld LLP

Retail Industry Leaders Association Urges the FCC to Address Key TCPA Issues

• Companies across industries continue to face TCPA litigation and address compliance challenges. • The FCC will soon be addressing key TCPA issues in the wake of the D.C. Circuit’s ruling in ACA International. • One...more

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