With its recent ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. ___ (2025), the U.S. Supreme Court has continued its trend of reining in the power of agencies and giving litigants more avenues to push back against administrative rulemaking.  This will have significant consequences in the context of statutes like the Telephone Consumer Protection Act (“TCPA”), which has steadily increased in scope over the years thanks to the Federal Communications Commission (“FCC”).  More generally, the Court’s decision in McLaughlin Chiropractic, paired with last year’s decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) (which we discussed here), raises significant questions about whether those FCC regulations carry any meaningful weight at this point.Continue Reading SCOTUS Ruling Tips the Scales in Favor of District Courts, Not the FCC, When it Comes to Interpreting TCPA

TCPA litigation, like spring flowers, is in full bloom this season. Over the past several months, major decisions have come down related to the FCC’s one-to-one consent rule (which we covered in our last update) as well as other issues that continue to delineate claims under the TCPA. We summarize here developments since our last update, listed in alphabetical order by topic area.Continue Reading TCPA Turnstile: TCPA Litigation Continues to Spring to Life in 2025 (TCPA Update Vol. 20)