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High Court Junk Fax Case Is Not Just About Junk Faxes


David M. Gettings

Alan D. Wingfield

Partners David Gettings and Alan Wingfield are published in Law360 for their article titled, "High Court Junk Fax Case Is Not Just About Junk Faxes." They write, "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? By recently granting a writ of certiorari in PDR Network LLC et al. v. Carlton & Harris Chiropractic Inc., a case involving junk faxes under the TCPA, the U.S. Supreme Court has signaled that it will step into the fray. And depending on the outcome, the decision could have a profound impact on TCPA litigation nationwide. In fact, the Supreme Court’s guidance might even impact the new rule-making that the industry expects from the FCC soon and the Ninth Circuit’s decision in Marks v. Crunch San Diego LLC, which has been a source of significant controversy in the months since it was issued."