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Deference to FCC's TCPA Orders at Issue in Upcoming Supreme Court Case

The Supreme Court today agreed to hear a case that will examine the degree to which courts must defer to FCC rulings interpreting the TCPA. The Court will address one question (of two issues petitioners sought for review):

Whether the Hobbs Act required the district court in this case to accept the FCC's legal interpretation of the Telephone Consumer Protection Act.

At a time of great uncertainty with respect to the TCPA, and with new FCC guidance governing the definition of an auto-dialer expected soon, the eventual ruling in this case could add yet another wrinkle to TCPA litigation.

The case is PDR Network, LLC v. Carlton & Harris Chiropractic Inc., No. 17-1705. SCOTUSBlog has this case page for more information and links to the relevant briefs.

Check back over the coming weeks and months for additional insight as the case develops.

Mark RooneyTCPA, Hobbs Act