December 19, 2018

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December 17, 2018

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Supreme Court Could Set Boundaries on Scope of FCC Guidance

The Supreme Court granted certiorari in PDR Network LLC v. Carlton & Harris Chiropractic Inc., to determine whether the Hobbs Act required the district court in this case to accept the FCC’s legal interpretation of the TCPA. Matt noted that the ruling is expected to have a “profound impact” on TCPA litigation going forward “because it will determine whether or not courts can give an independent interpretation of the statute” or if they have to defer to the FCC’s interpretation.

Should the Court hold that courts are not strictly bound by the FCC’s interpretation, it could lead to the TCPA being interpreted differently in different jurisdictions. Matt observed that this, in turn, “opens up the door to potential forum shopping,” although he cautioned that “we have to wait and see what the ruling ultimately holds.”

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