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Statutory Interpretation Telecommunications

Mayer Brown

Sixth Circuit Allows Congressional Review Act Challenge, But Rejects It on the Merits

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CASE NAME AND NUMBER - Ohio Telecom Ass’n v. FCC, No. 24-3133 (6th Cir.) - INTRODUCTION - On August 13, 2025, a divided panel of the US Court of Appeals for the Sixth Circuit upheld a 2024 Federal Communications...more

Orrick, Herrington & Sutcliffe LLP

FCC reinstates “prior express consent” standard for robocalls after Eleventh Circuit vacates 2023 rule

On August 29, the FCC reinstated its previous standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA), following the U.S. Court of Appeals for the 11th Circuit’s decision to vacate the agency’s...more

Davis Wright Tremaine LLP

Sixth Circuit Upholds FCC Data Breach Order: Analyzing the Implications for Telecom Carriers and the FCC

The U.S. Court of Appeals for the Sixth Circuit recently upheld data breach reporting requirements issued by the Federal Communications Commission (FCC or Commission) in 2023 (Data Breach Order) in its August 13, 2025 2-1...more

Akin Gump Strauss Hauer & Feld LLP

Sixth Circuit Upholds FCC’s 2024 Breach Notification Rules

Telecommunications carriers must continue to adhere to a 2024 Federal Communications Commission (FCC) Order that substantially broadened carriers’ breach notification obligations, requiring that they disclose breaches of any...more

Troutman Amin LLP

SILLY TROLL: No You Can’t Invite Calls And then Sue For Them

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Every once in a while I see a case where a Plaintiff invites calls on a recorded call and then sues for the calls. Its weird. But it happens often enough that it merits discussion. So the law requires written prior express...more

Blank Rome LLP

Internet Tax Freedom Act Preempts New York’s Imposition of Tax

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The New York State Tax Appeals Tribunal, affirming an Administrative Law Judge, held that the Internet Tax Freedom Act prohibits the Division of Taxation from subjecting to tax the receipts that Verizon New York, Inc....more

Cooley LLP

Court of Appeals Upholds FCC Data Breach Reporting and Notification Rules

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The US Court of Appeals for the Sixth Circuit released its decision on the appeal of the Federal Communications Commission (FCC) data breach notification and reporting rules. The FCC order, which largely became effective in...more

Klein Moynihan Turco LLP

What Is A “Residential Subscriber” Under The TCPA?

Our readers may recall a piece in which we discussed a recent decision from the United States Supreme Court which more than opened the door to judicial review of the Telephone Consumer Protection Act’s (“TCPA”) implementing...more

Saul Ewing LLP

Split Sixth Circuit Upholds FCC Expansion of Data Breach Notification Rules

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The Federal Communications Commission (“FCC”) achieved victory this week as the U.S. Court of Appeals for the Sixth Circuit upheld a heavily contested set of new data breach reporting requirements for telecommunications...more

Warner Norcross + Judd

Sixth Circuit Upholds FCC’s 2024 Data Breach Reporting Rules

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The U.S. Court of Appeals for the Sixth Circuit recently issued a decision in Ohio Telecom Association et al. v. FCC, upholding the FCC’s 2024 data breach reporting requirements for telecommunications carriers and relay...more

Venable LLP

Enduring Delegations - Supreme Court Rejects Nondelegation Challenges to the FCC’s Administration of the Universal Service Fund in...

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The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more

Troutman Pepper Locke

Post-McLaughlin TCPA Chaos Begins With Contradictory Rulings on Text Messages

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Earlier this month, the U.S. Supreme Court held that district courts are not bound by the Federal Communication Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227. See...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

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The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Wiley Rein LLP

Federal Court Vacates Portions of Local Television Ownership Rule

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On July 23, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated two aspects of the Federal Communications Commission’s (FCC or Commission) regulation restricting the number of television stations that one entity...more

Burr & Forman

Illinois District Court Holds Text Messages Not Subject to DNC Registry/Internal DNC Requirements

Burr & Forman on

Jones, et al. v. Blackstone Medical Services, LLC, No. 1:24-cv-01074-JEH-RLH, 2025 WL 2024764 (C.D. Ill. July 21, 2025) - On June 20, 2025, the United States Supreme Court released McLaughlin Chiropractic Assocs., Inc. v....more

Kelley Drye & Warren LLP

TCPA Tracker: April-June 2025

On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic...more

Troutman Amin LLP

CHAOS: The First Court Just Found the TCPA’s DNC Rules Do Not Apply to Text Messages– So Let the Chaos Begin!

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Those of you who attended Law Conference of Champions III last week heard from the Czar on the critical impact of the Supreme Court’s recent decision in McKesson. That SCOTUS ruling through out Hobbs act deference...more

Pierce Atwood LLP

FCC 'Deletes' TCPA Regulations Following Supreme Court and Eleventh Circuit Rulings

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In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more

McGlinchey Stafford

Mclaughlin on Down: District of New Jersey Grants Class Certification on TCPA Fax Claims

McGlinchey Stafford on

Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the Federal Communications Commission (FCC)’s interpretation of...more

Troutman Amin LLP

CURIOUS: Second Circuit Issues Oddly-Worded Remand In LaBoom Disco ATDS Ruling Following Facebook– Does It Mean Anything?

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Real quick one for the TCPA super nerds. You’ll recall way back in April 2020 the world was melting down. No, I’m not talking about COVID. I am talking about ATDS cases. Perhaps the high-water mark of TCPAWorld ATDS chaos...more

Perkins Coie

US Supreme Court Upholds Constitutionality of FCC’s Universal Service Fund

Perkins Coie on

Key Takeaways - - The U.S. Supreme Court upheld the FCC's Universal Service Fund (USF) scheme, ensuring its continued operation. - The Court rejected nondelegation doctrine challenges, finding Congress provided sufficient...more

Wiley Rein LLP

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

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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

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Shakes TCPA Litigation to the Core

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

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

McDermott Will & Schulte

Supreme Court to consider whether ISPs can be liable for contributory copyright infringement

The Supreme Court of the United States has agreed to review whether an internet service provider (ISP) can be liable for copyright infringement for providing an internet connection that leads to piracy. Cox Communications,...more

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