High Court Punts On FCC Deference Fight In TCPA Row

Law360 (June 20, 2019, 11:01 AM EDT) -- The U.S. Supreme Court on Thursday declined to resolve whether federal courts have the power to scrutinize agency orders such as the Federal Communications Commission's numerous interpretations of the Telephone Consumer Protection Act, finding that the issues in the case hadn't been properly vetted by the lower courts.

In a majority decision written by Justice Stephen Breyer, the high court struck down a Fourth Circuit ruling that a West Virginia federal court was required to accept wholesale the FCC's view that an ad offering free services is an "unsolicited advertisement" prohibited by the TCPA.

The justices found that the dispute should...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

3890 Other Statutory Actions

Date Filed

June 26, 2018

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Government Agencies