Supreme Court to Hear Junk Fax Case on Hobbs Act Issue About FCC TCPA Interpretation
The Supreme Court will review a junk fax case on whether the Hobbs Act required a U.S. district court to accept an FCC legal interpretation of the Telephone Consumer Protect Act, said Tuesday's order list granting cert in PDR Network…
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v. Carlton & Harris Chiropractic, No. 17-1705. Clarification is needed on "jurisdiction of all courts to decide the proper level of deference afforded to interpretive agency guidance," said PDR's June 21 petition, citing a "circuit split" over interplay between the Hobbs Act and Chevron: The 4th U.S. Circuit Court of Appeals' "jurisdiction-stripping ruling would elevate those agencies identified in the Hobbs Act above even the judiciary; empowering agency orders to trump the courts." Carlton & Harris' Aug. 29 response urged cert denial "because (1) every circuit court to decide the question has ruled that the FCC’s interpretations of the TCPA are binding in district courts and may be challenged only by following the procedures in the Administrative Orders Review Act (the 'Hobbs Act) ... and there is no 'circuit split' on this issue, as the Petition contends; and (2) the difference of interpretation between the Second Circuit and the Fourth Circuit regarding the meaning of the FCC’s 2006 rule stating that faxes offering 'free goods or services' are presumed to be 'advertisements' does not warrant this Court’s review."