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.