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In the Media

High Court’s TCPA Grant Set To Broaden Loper Bright’s Blow

Read Time: 1 min

Member Joe Apatov (Fort Lauderdale) was quoted in a Law360 article, “High Court’s TCPA Grant Set To Broaden Loper Bright’s Blow.”

On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.

“One thing that fuels litigation more than anything else is uncertainty in the law,” said Joseph Apatov, a member and litigator at McGlinchey Stafford PLLC. “Anytime there are unresolved questions, businesses are going to do something that potentially steps over the line, and consumers are going to take positions that are aggressive.”

“It becomes a matter of, do you give everyone a chance to challenge these FCC orders, but they need to deal with the uncertainty of courts deciding this, or do you get stability by tackling it with the FCC on the front end and everyone has to accept that’s the way it’s going to be,” said Apatov of McGlinchey Stafford.

Read the full article here (subscription required).

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Alert

Supreme Court to Hear TCPA Class Action on Unsolicited Faxes and Online Fax Services

October 9, 2024

For the second time in five years, the U.S. Supreme Court will decide a case that arises out of the Telephone Consumer Protection Act’s (TCPA) ban on the sending of unsolicited faxes. On Friday, October 3, 2024, the Court said it would hear arguments about whether to reopen a class action lawsuit filed by a group of chiropractors, McLaughlin Chiropractic Associates, against medical tech company McKesson Corp.

Alert

Lack of Actual Knowledge and Prior Express Consent Defeats FDCPA and TCPA Claims

September 24, 2024

The U.S. District Court for the District of Nevada granted a defendant’s motion for summary judgment in a case arising under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). It found that the evidence did not reasonably support an inference that the defendant had actual knowledge of the plaintiff’s legal representation regarding an account and that the plaintiff providing her phone number regarding the original transaction is consent to communications originating from that transaction, including efforts to collect on the debt.

In the Media

Chevron Doctrine Overruled – What’s Next?

July 23, 2024

Of Counsel Michael Blumenthal (Cleveland) was interviewed by 3E in an article published on July 23, 2024, about the overturning of the Chevron Doctrine and its potential impacts. Michael discusses long-term impacts, the increase of judicial scrutiny, legal and regulatory challenges, and impacts on the rulemaking and legislative process, and what the future may hold.

Alert

This is the End … of Chevron Deference. What Does It Mean and What Comes Next?

July 1, 2024

In a maximalist decision that went further than even the most ardent opponents of Chevron deference thought possible, the Supreme Court finally and emphatically overruled Chevron deference, the watershed rule that governed the level of deference afforded to administrative agency interpretation of ambiguous statutes for nearly forty years.