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High Court May Upend TCPA Litigation Landscape

Law360 (November 14, 2018, 10:07 PM EST) -- The U.S. Supreme Court's impending decision on how much deference courts should give to the Federal Communications Commission on the Telephone Consumer Protection Act is poised to change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation under the statute, attorneys say.

The justices announced Tuesday they had decided to take up the question of whether the Hobbs Act requires a West Virginia federal court to accept wholesale the FCC’s view that an ad offering free services is still an “unsolicited advertisement” prohibited by the TCPA.

The issue is being considered in the context of...

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