News & Analysis as of

Supreme Court of the United States › Consent

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
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

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Shakes TCPA Litigation to the Core

Bradley Arant Boult Cummings LLP on

On June 20, 2025, the Supreme Court issued perhaps the most momentous decision in Telephone Consumer Protection Act history with McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. This landmark ruling jettisons...more

Klein Moynihan Turco LLP

TCPA Quiet Hours Telemarketing and Consent

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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

Troutman Pepper Locke

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

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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

AI CALLS AFTER MCLAUGHLIN: Why Consent Is Still Required

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I’ll keep this short and sweet. The Supreme Court’s decision in McLaughlin Chiropractic v. McKesson has undeniably altered how the Telephone Consumer Protection Act will be enforced. But for companies using artificial...more

Troutman Amin LLP

GAME CHANGER: After McLaughlin, Can Businesses Continue to Rely on the Rule that they have Express Consent Anytime a Consumer...

Troutman Amin LLP on

Happy Monday everyone! The Baroness here. Lets talk about something important. If you haven’t read the U.S. Supreme Court’s recent opinion in McLaughlin Chriopractric v. McKesson, you may want to do so now. It’s a very very...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

Foley & Lardner LLP

The Intersection of AI, Digital Health, and the TCPA: What You Need to Know

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Artificial intelligence (AI) is widely transforming digital health, including by automating certain patient communications. However, as health care companies consider deploying AI-driven chatbots, texting platforms, and...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

Hinch Newman LLP on

The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

Kelley Drye & Warren LLP

TCPA Tracker: December 2024-January 2025

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Eleventh Circuit Strikes Down FCC’s TCPA 1:1 Consent Rule - The Eleventh Circuit recently held that the Federal Communications Commission (“FCC”) exceeded its statutory authority when it issued a 2023 Order interpreting the...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

Sheppard Mullin Richter & Hampton LLP on

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

McGuireWoods LLP

Delayed One-to-One Consent Rule Gives Companies Reprieve, Plus Other TCPA Updates

McGuireWoods LLP on

The Federal Communications Commission recently announced that it is postponing the one-to-one consent rule for at least one year. Implementation of the rule would have significantly altered the requirements for obtaining...more

McDermott Will & Emery

2024 Updates to State Mini-TCPA Laws

McDermott Will & Emery on

Since the Supreme Court of the United States issued its ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

Shipman & Goodwin LLP

Conn. Court Split May Lead To Vertical Forum Shopping: A Law360 Article

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In Mallory v. Norfolk Southern Railway Co.,[1] the U.S. Supreme Court clarified last year that states can require foreign entities to consent to personal jurisdiction as a condition for doing business within their borders. ...more

Benesch

Illinois Amends Biometric Information Privacy Act to Reign in Liquidated Damages and Permit Electronic Signatures

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The amendments clarify that a plaintiff is only entitled to liquidated damages for up to one violation per person. Businesses had previously faced steep settlements or damage awards into the billions of dollars....more

Klein Moynihan Turco LLP

Chevron Deference Overruled! FCC To Curb TCPA Rulemaking?

Klein Moynihan Turco LLP on

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

Polsinelli

Supreme Court Upholds Refusal to Register Trademark Containing the Name of Living Individual – Donald Trump

Polsinelli on

In a recent unanimous decision in the case Vidal v. Elster (602 U.S. ___ (2024)), the U.S. Supreme Court upheld the refusal to register a federal trademark for the phrase “Trump Too Small” based on the fact that the Lanham...more

WilmerHale

3 Personal Jurisdiction Questions Mallory Leaves Unanswered

WilmerHale on

The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades — since the U.S. Supreme Court's 1945 ruling in International Shoe Co. v. Washington — looks...more

Snell & Wilmer

Did We Consent to Be Sued Here? An Update on Newest U.S. Supreme Court Decision on Personal Jurisdiction in Mallory v. Norfolk...

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It is common knowledge that every state has some requirement that companies doing business in the state register to do so. However, under the most recent U.S. Supreme Court decision addressing personal jurisdiction, the mere...more

Holland & Knight LLP

U.S. Supreme Court Rejects Challenge to Registration Statute Requiring Consent to Jurisdiction

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In Mallory v. Norfolk Southern Railway Co., Robert Mallory (a Virginia resident) sued his former employer, Norfolk Southern (a Virginia-based railroad), over his alleged exposure to toxic chemicals while working for Norfolk...more

Vinson & Elkins LLP

Burgers and Biometrics: The Illinois Supreme Court Permits Up to $17 Billion in Damages for White Castle’s Privacy Violations

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The Supreme Court of Illinois recently held that use of a fingerprint system by White Castle, Inc. (“White Castle”) to authenticate employees, without the consent of the employees, entailed multiple violations of the Illinois...more

ArentFox Schiff

Unanimous Supreme Court Decision Narrows the Scope of the TCPA

ArentFox Schiff on

An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more

Vedder Price

TCPA Turnstile: As we wait for a ruling in Barr, new case law abounds (TCPA Case Update Vol. 12)

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Undoubtedly, the biggest TCPA development in the last month was the recent Supreme Court oral argument in Barr v. American Association of Political Consultants Inc., Case No. 19-631, which has the potential to upend TCPA...more

Mintz - Arbitration, Mediation, ADR...

Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently...

Mintz - Arbitration, Mediation, ADR... on

Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that “class arbitrability” is a gateway question for a court, rather than an arbitrator, to decide in the first instance, absent the...more

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