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November 15, 2018

SCOTUS “May Upend TCPA Litigation Landscape”

A pending decision from the U.S. Supreme Court may “change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation” under the Telephone Consumer Protection Act (TCPA), Law360 reports.

The Court  has agreed to hear a case that will decide whether the Hobbs Act requires a West Virginia federal court to accept the Federal Communications Commission’s view that an ad offering free services is still an “unsolicited advertisement” prohibited by the TCPA. Becca Wahlquist, a partner and TCPA defense attorney at Snell & Wilmer, said this case “has the potential to either narrow down the choices of what courts need to follow or crack it wide open.”

Another TCPA defense attorney said the Court’s decision “will affect the contours of how certain legal issues break down in lower courts and the standard that courts use to determine if and to what extent to apply FCC guidance on key issues.”

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