Supreme Court Will Again Consider Agency Authority In A TCPA Case

On October 8, 2024, the Supreme Court granted certiorari inMcLaughlin Chiropractic Associates, Inc. v. McKesson Corporation and McKesson Technologies, Inc., (No. 23-1226) to address whether the Hobbs Act requires district courts to follow the FCC's interpretation that the Telephone Consumer Protection Act ("TCPA") does not prohibit faxes received via "online fax services."

Getting to Certiorari in McLaughlin

The McLaughlin case is a 2013 class action lawsuit filed in federal court in the Northern District of California. The underlying dispute arose when defendant McKesson Corporation allegedly sent unsolicited advertisements to class members, including representative McLaughlin Chiropractic, via facsimile. The advertisements were sent to freestanding fax machines and online fax services.