High Court Junk Fax Case Is Not Just About Junk Faxes
Partners Alan Wingfield and David Gettings are published in Law360 for their article, “High Court Junk Fax Case Is Not Just About Junk Faxes.” Regarding the involvement of the U.S. Supreme Court in cases dealing with Telephone Consumer Protection Act litigation they write, “At this point, you may be asking: Why does this case matter to me? My company gets sued under the TCPA occasionally, but we do not send junk faxes. It matters because scores of TCPA cases are decided every month by courts deferring to, or declining to defer to, FCC interpretations of the TCPA. Whether a court defers to the FCC can have a fundamental impact on the outcome of the case. The Supreme Court in PDR Network may now provide significant guidance on whether a court can interpret an unambiguous provision of the TCPA itself under Chevron or, instead, whether it must follow the FCC under the Hobbs Act.”