Menu

Showing 3 posts in Federal Communications Commission.

U.S. Supreme Court Balks on Judicial Deference to FCC in TCPA Case, While Concurrence Led by Justice Kavanaugh Looks to Swing

TCPA litigators have been closely monitoring the U.S. Supreme Court's docket waiting for a ruling in the PDR Network case. At stake is what kind of judicial deference should be given to the FCC's interpretation of the Telephone Consumer Protection Act (TCPA). Specifically, the Court was set to decide whether the Hobbs Act required the District Court to accept the FCC's legal interpretation of the TCPA. Numerous decisions at both the District Court and Circuit levels have held that trial courts have no discretion to review an FCC order interpreting the TCPA, meaning that courts must provide these orders complete deference. More ›

FCC’s Robocall Ruling Raises Industry Concerns of Erroneous Blocking of Their Lawful Calls

While most Americans might breathe a sigh of relief upon learning of the U.S. Federal Communications Commission’s (“FCC”) June 6, 2019 5-0 bipartisan vote authorizing phone companies to automatically identify and block unwanted robocalls, shielding us from those annoying voices describing the expiration of our car’s warranty, spoof numbers claiming fake tax bills, and the like, various trade groups have voiced concerns including the American Bankers Association, the American Association of Healthcare Administrative Management, the Credit Union National Association, the National Retail Federation, and the Association of Credit and Collection Professionals. Chief among concerns for these groups is that the call blocking may not distinguish illegal telemarketing and scams from legitimate calls placed once a subscriber consents, as well as a lack of clear redress for any erroneous blocking. More ›

"Estoppel on Steroids" ‒ Does the Hobbs Act Require the District Court to Accept the FCC's Rule Interpreting an "Unsolicited Advertisement" under the TCPA?

Yesterday, the United States Supreme Court heard oral argument on appeal from the Fourth Circuit's decision issued in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc. The issue is whether a district court must accept the Federal Communication Commission's (FCC) rule interpreting an "unsolicited advertisement" under the Telephone Consumer Protection Act (TCPA). The district court held that PDR Network, LLC did not violate the TCPA when it faxed an unsolicited advertisement to Carlton & Harris Chiropractic for a free Physicians' Desk Reference. In doing so, the district court declined to apply the FCC's 2006 rule that interpreted an unsolicited advertisement under the TCPA to include fax messages that promote goods or services at no cost. On appeal, however, the Fourth Circuit reversed concluding that the district court should have applied the FCC's rule because the Hobbs Act, which establishes judicial review for final orders of certain federal agencies, requires a party to first challenge an agency rule with the respective agency before challenging the rule in court. The Supreme Court is left to decide whether the district court has authority to hear PDR's challenge to the FCC's rule in its defense of this TCPA lawsuit without any prior agency challenge. More ›

Search
Subscribe via Email