Expect Years of TCPA Suits Challenging FCC Rules: Eversheds Sutherland
The further NPRM on robocalls and caller ID that the FCC adopted at its October meeting (see 2510280024) could "significantly reduce" certain compliance burdens on companies that call and text consumers, Eversheds Sutherland wrote last week. However, because of the…
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U.S. Supreme Court's 2024 McLaughlin Chiropractic decision, companies can't rely exclusively on FCC orders to provide guidance and precedent, the firm said. That means that despite the FCC proposing to amend and streamline rules, companies should still expect a wave of Telephone Consumer Protection Act litigation in coming years as plaintiffs challenge long-standing rules, it added. McLaughin held that district courts aren't bound to a federal agency's interpretation of a statute in civil enforcement proceedings.