Companies that rely on digital marketing are awaiting a pivotal decision from the US Supreme Court on how federal courts should treat a Federal Communications Commission interpretation of a law against junk...more
5/27/2025
/ Chevron Deference ,
FCC ,
Hobbs Act ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Marketing ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications
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
5/1/2025
/ Appeals ,
Chevron Deference ,
Class Action ,
FCC ,
Federal Trade Commission (FTC) ,
Hobbs Act ,
Judicial Deference ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
Statutory Interpretation ,
TCPA
Two recent decisions highlight that the viability of the established business relationship, or EBR, exemption defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company’s...more
In Facebook v. Duguid, the U.S. Supreme Court will clarify if the decades-old Telephone Consumer Protection Act applies to newer technology like the smartphone, which could not have been contemplated by Congress in 1991....more
The FCC has exempted certain calls and texts related to the Covid-19 pandemic from TCPA requirements—but only calls made by certain callers regarding certain topics. Samantha Duke looks at what is and isn’t allowed during the...more
TCPA litigation can cost companies, both big and small, millions of dollars.
Loyalty programs are a great way for restaurants to keep in contact with their existing customers and incentivize future purchases. In the modern...more
Restaurants hit hard during the COVID-19 outbreak may be doing all they can to stay in touch with their customers to encourage them to participate in takeout and reward them for their loyalty. While text marketing to...more
Text-marketing (or SMS marketing) can be an essential tool for many small businesses. For a small price, any company can send bulk messages to hundreds of phone numbers of existing and potential customers.
Originally...more
12/18/2019
/ Advertising ,
ATDS ,
Electronic Communications ,
Marketing ,
Opt-Outs ,
Prior Express Consent ,
Regulatory Requirements ,
Risk Management ,
Statutory Violations ,
TCPA ,
Telemarketing ,
Text Messages
In a welcome win to defendants fighting TCPA fax class actions, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (the Bureau) issued a declaratory ruling finding that a facsimile sent to...more
12/10/2019
/ Class Action ,
Declaratory Rulings ,
Electronic Communications ,
Faxes ,
FCC ,
Financial Services Industry ,
First Amendment ,
Free Speech ,
Prior Express Consent ,
TCPA ,
Unsolicited Faxes