SCOTUS Fax Decision Offers Little Clarity on Deference, Even Less on TCPA

Philadelphia partner Mike Daly authored an article for Bloomberg Law titled “SCOTUS Fax Decision Offers Little Clarity on Deference, Even Less on TCPA,” which analyzes the impact of the Supreme Court’s decision in PDR Network v. Carlton & Harris Chiropractic. That case afforded the Supreme Court an opportunity to clarify two much-misunderstood statutes: the Hobbs Act and the Telephone Consumer Protection Act, the latter of which has been invoked in thousands of class actions in recent years. Instead, the Supreme Court remanded the case to the Fourth Circuit and identified two new questions that must now be answered whenever agencies purport to interpret statutes that fall within their jurisdiction. Mike explained that, although the decision did not provide businesses with any clarity regarding the TCPA, it did provide defendants with a potentially powerful new weapon with which to defend the many class actions that continue to be filed every day.

Read “SCOTUS Fax Decision Offers Little Clarity on Deference, Even Less on TCPA.”