News & Analysis as of

Supreme Court of the United States Telecommunications Chevron Deference

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 -
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

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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 Amin LLP

A SHARP DISSENT: A Review Of The Dissent’s Take On The Supreme Court’s Ruling In McLaughlin.

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In McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., No. 23-1226, 2025 WL 1716136 (U.S. June 20, 2025), the Supreme Court determined that the Hobbs Act does not bind district courts in civil enforcement proceedings to...more

Troutman Amin LLP

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

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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

Troutman Amin LLP

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

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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

Troutman Amin LLP

BREAKING: THEY DID IT!!: SCOTUS Guts the Hobbs Act! District Courts Free to Disregard FCC TCPA Rulings in Civil Enforcement...

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Supreme Court just handed down the widely-watched decision in McLaughlin Chriopractric v. McKesson. Held: The Hobbs Act does not bind district courts in civil enforcement proceedings to an agency’s interpretation of a...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

McGlinchey Stafford

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

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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

Rumberger | Kirk

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

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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

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

McGlinchey Stafford on

On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...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

Stevens & Lee

U.S. Supreme Court Appears Ready to Tackle a Major Separation of Powers Issue

Stevens & Lee on

This white paper discusses FCC v. Consumers’ Research, a case now set for consideration by the U.S. Supreme Court, along with a review and analysis of the major impact it may have on how and when Congress may permissibly...more

Perkins Coie

Why the FCC’s Net Neutrality Rules Were Struck Down

Perkins Coie on

The decades-long fight over net neutrality appears to be over. In one of the first appellate decisions since the Supreme Court of the United States overturned Chevron deference in Loper Bright Enterprises v. Raimondo...more

Brownstein Hyatt Farber Schreck

Sixth Circuit Blocks Net Neutrality

In a ruling issued on Jan. 2, the U.S. Court of Appeals for the Sixth Circuit blocked the Federal Communications Commission (FCC) from restoring its net neutrality rules. The court cited the Supreme Court’s recent decision in...more

Kohrman Jackson & Krantz LLP

Is Your Internet Bill About to Skyrocket While Your Service Gets Worse?

The Sixth Circuit’s January 2, 2025, decision in Ohio Telecom Association et al. v. Federal Communications Commission et al. may reshape the future of the Internet, delivering a significant blow to the concept of net...more

Perkins Coie

Supreme Court Overrules Chevron; Courts Must Determine “Best” Meaning of Statutes Without Deference

Perkins Coie on

The Supreme Court of the United States has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). For 40 years, if an agency was interpreting an “ambiguous” provision of a statute it...more

Venable LLP

Telecommunications Law and Policy in a Post-Chevron World

Venable LLP on

As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more

Wiley Rein LLP

The Supreme Court Overruled Chevron. What Comes Next For Telecommunications, Media, and Technology?

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On Friday, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court held that federal agencies are no longer entitled to deference when they interpret ambiguous statutes. Loper Bright thus overrules an earlier Supreme...more

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