News & Analysis as of

Loper Bright Enterprises v Raimondo Supreme Court of the United States Telephone Consumer Protection Act

Wiley Rein LLP

Supreme Court’s McLaughlin Decision Creates Uncertainty for FCC Orders on the TCPA and Much More

Wiley Rein LLP on

The U.S. Supreme Court’s recent decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. marks a sea change for judicial review of Federal Communications Commission (FCC) orders, and creates both risks and...more

Venable LLP

The Future of the Telephone Consumer Protection Act in the Wake of Supreme Court’s Decision in McLaughin Chiropractic v. McKesson

Venable LLP on

The Telephone Consumer Protection Act (TCPA) continues to be hotly litigated by class action plaintiffs’ attorneys, with filed cases increasing significantly over the last year. ...more

Fenwick & West LLP

Supreme Court's McLaughlin Decision Creates New Uncertainty for Healthcare Text Message Compliance

Fenwick & West LLP on

The Supreme Court's decision in McLaughlin Chiropractic Associates v. McKesson Corporation seismically shifts how courts will evaluate FCC interpretations of the TCPA, creating new compliance challenges for healthcare...more

Klein Moynihan Turco LLP

TCPA Quiet Hours Telemarketing and Consent

Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Troutman Pepper Locke

Why Does the TCPA Equal Chaos? The US Supreme Court Opens FCC Orders to New Challenges

Troutman Pepper Locke on

On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review...more

Troutman Amin LLP

THE DEATH OF PRESUMPTION: Are Cell Phones Still “Residential” Post McLaughlin?

Troutman Amin LLP on

The TCPA landscape is being reshaped in real time and we’re here to bear witness. With the Supreme Court’s decision in McLaughlin Chiropractic Assocs. v. McKesson Corp., No. 23-1226, 2025 U.S. LEXIS 2385 (June 20, 2025), the...more

Troutman Amin LLP

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

Troutman Amin LLP on

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

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

Benesch

SCOTUS Rejects FCC Edicts: Courts are (Finally) Free to Interpret the TCPA

Benesch on

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

Womble Bond Dickinson

McLaughlin v. McKesson: Rebalancing the Scales Between Agency and Judicial Interpretation of the TCPA

Womble Bond Dickinson on

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

Eversheds Sutherland (US) LLP

Supreme Court: Hobbs Act does not require federal courts to defer to FCC

On June 20, 2025, the U.S. Supreme Court issued its ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., holding that the federal Hobbs Act does not bind district courts in civil enforcement proceedings to a...more

McGlinchey Stafford

SCOTUS: Hobbs Act Does Not Bind District Courts to FCC’s Statute Interpretation

McGlinchey Stafford on

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

Brownstein Hyatt Farber Schreck

Courts No Longer Have to Follow FCC Rulings

In a landmark decision released on June 20, the U.S. Supreme Court ruled 6-3 that the Hobbs Act does not require federal district courts to treat Federal Communications Commission (FCC) orders as binding precedent in private...more

Rumberger | Kirk

Supreme Court’s Hazy Junk Faxes Case Is Sure to Affect Compliance

Rumberger | Kirk on

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 faxes. ...more

Perkins Coie

FCC’s One-to-One Consent Rule Vacated: What’s Next for TCPA Compliance?

Perkins Coie on

Businesses can breathe a sigh of relief: In Insurance Marketing Coalition v. FCC, the U.S. Court of Appeals for the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) controversial one-to-one consent rule,...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Strikes Down One-to-One Consent Rule

On February 6, 2025, the Eleventh Circuit Court of Appeals struck down the FCC’s one-to-one consent rule. Applying the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 9 the Eleventh Circuit ruled that the FCC...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

Cozen O'Connor on

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

BCLP

TCPA Landscape Set to Shift With Supreme Court's Grant of Certiorari to Mclaughlin Junk Fax Case

BCLP on

Just a few months after the United States Supreme Court voted 6-3 to overturn the long-standing and widely applied legal precedent known as “Chevron deference,” it has agreed to hear a case that could entirely shift the...more

Perkins Coie

Supreme Court To Review FCC Authority Over Junk Faxes

Perkins Coie on

In what is shaping up to be an increasingly active term for judicial scrutiny of agency deference, the U.S. Supreme Court granted certiorari in McLaughlin Chiropractic Assoc. v. McKesson Corp., No. 23-1226 (U.S. Oct. 4,...more

Eversheds Sutherland (US) LLP

Supreme Court to consider FCC's power to interpret the Telephone Consumer Protection Act

The United States Supreme Court will hear the case McLaughlin Chiropractic Associates Inc. v. McKesson Corporation, which poses the question of whether federal district courts, under the Hobbs Act, must adhere to the rulings...more

McGlinchey Stafford

Supreme Court to Hear TCPA Class Action on Unsolicited Faxes and Online Fax Services

McGlinchey Stafford on

For the second time in five years, the U.S. Supreme Court will decide a case that arises out of the Telephone Consumer Protection Act’s (TCPA) ban on the sending of unsolicited faxes. On Friday, October 3, 2024, the Court...more

McGlinchey Stafford

Litigation Byte (July Edition)

McGlinchey Stafford on

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Klein Moynihan Turco LLP

Chevron Deference Overruled! FCC To Curb TCPA Rulemaking?

As our readers are by now aware, on June 28, 2024, the Supreme Court of the United States overturned a legal precedent known as “Chevron deference” by a 6-3 vote. The Court’s opinion in Loper Bright Enterprises et al. v....more

Wiley Rein LLP

How the Supreme Court’s Blockbuster Chevron Case Might Affect the Future of Tech Regulation

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This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and...more

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