Florham Park partner Matthew Fedor spoke with Business Insurance for an article titled “Supreme Court Could Set Boundaries on Scope of FCC Guidance.”
The United States Supreme Court granted certiorari in PDR Network LLC v. Carlton & Harris Chiropractic Inc., a TCPA case that could have significant implications for how courts interpret the TCPA. Matt noted that the ruling is expected to have a “profound impact” on future TCPA litigation “because it will determine whether or not courts can give an independent interpretation of the statute” or if they have to defer to the FCC’s interpretation.
If the Court holds that courts are not bound to FCC’s interpretation, it could lead to the TCPA being interpreted differently in different jurisdictions. Matt observed that this, in turn, “opens up the door to potential forum shopping” although he cautioned that “we have to wait and see what the ruling ultimately holds.”