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
6/27/2025
/ Appeals ,
Chevron Deference ,
Corporate Counsel ,
FCC ,
Hobbs Act ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
TCPA
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
2/5/2025
/ Appeals ,
Consent ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Regulatory Reform ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
Though the Illinois Biometric Information Privacy Act (“BIPA”) was passed in 2008, it remained fairly under-the-radar until about 2017, when it manifested in a growing wave of class action lawsuits largely centered on whether...more
The U.S. Supreme Court held in a 5-4 decision that states can require online retailers to collect sales tax, even when they do not maintain a physical presence in their borders. The opinion in South Dakota v. Wayfair, Inc.,...more
6/25/2018
/ Appeals ,
Commerce Clause ,
Constitutional Challenges ,
Internet Retailers ,
Interstate Commerce ,
Out-of-State Companies ,
Physical Presence Test ,
Quill ,
Reversal ,
Sales & Use Tax ,
SCOTUS ,
South Dakota v. Wayfair ,
Substantial Nexus
In January 2016, the Supreme Court issued its Campbell-Ewald v. Gomez decision and definitely ruled that Federal Rule of Civil Procedure 68 could not be used to moot the claims of a named plaintiff. Prior to that ruling,...more
6/22/2017
/ Appeals ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Mootness ,
Offer of Judgment ,
Putative Class Actions ,
Rule 67 ,
Rule 68 ,
SCOTUS ,
TCPA