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Expert Analysis

High Court Junk Fax Case Is Not Just About Junk Faxes

By David Gettings and Alan Wingfield (November 20, 2018, 1:50 PM EST) -- For years, there has been tension in the world of Telephone Consumer Protection Act litigation. The Federal Communications Commission has the authority to issue interpretations of the TCPA, and it has actively exercised that authority for some time. But what happens if a district court disagrees with the FCC's interpretation of the TCPA on an issue before the court? Does it have to defer to the FCC or can it exercise its own independent judgment as to what the TCPA means?...

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