Jurisdiction, Statutory Interpretation, FCC

Litigation Byte (June 2025 Edition)

McGlinchey Stafford on 7/7/2025

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

Supreme Court Rules Hobbs Act Does Not Bind District Courts to Agency Interpretations

Troutman Pepper Locke on 6/23/2025

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

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on 1/29/2020

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

Courts Continue to Hold Random/Sequential Number Generation is Required to Meet ATDS Definition Under TCPA

Womble Bond Dickinson on 10/7/2019

Recently, a string of district courts outside of the Ninth Circuit have held that to qualify as an ATDS, a device must have the capacity to generate telephone numbers randomly or sequentially. In the month since the last such...more

ATDS Appellate Watchdog: TCPA Autodialer Cases Pending in the Circuit Courts of Appeals You Can’t Miss Post-Marks

Womble Bond Dickinson on 10/1/2018

This week, Erin Kubota prognosticated how the United States Circuit Courts of Appeals will decide automatic telephone dialer cases (“ATDS”) post the monumental Marks ruling from the Ninth Circuit on September 20, 2018...more

Prognosticating Post Marks: Will Courts in Other Jurisdictions Follow in the 9th Circuit’s Footsteps on the Definition of an ATDS...

Womble Bond Dickinson on 9/27/2018

We clearly do not have a crystal ball here in TCPAland, otherwise we would have been able to accurately predict the Ninth Circuit’s monumental recent decision in Marks v. Crunch San Diego, LLC, 2018 WL 4495553 (9th Cir. Sept....more

It Will All Come Out in the “Wash”: Did a Southern California District Court Just Solve the TCPA’s ACA Int’l/ATDS Conundrum Once...

Womble Bond Dickinson on 8/29/2018

Sometimes the most obvious answer is the hardest one to see. For weeks now the courts have been debating whether the 2003 and 2008 Predictive Dialer Rulings were set aside by ACA Int’l or just the 2015 TCPA Omnibus ruling....more

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