TCPA Tracker: April-June 2025

I. SCOTUS Overturns Ninth Circuit's Precedent on Binding FCC Interpretations of the TCPA

On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency's pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, the district court must independently interpret the statute according to traditional principles of statutory construction.

In 2009 and 2010, McKesson Corporation sent unsolicited fax advertisements to various medical practices, including McLaughlin Chiropractic Associates, Inc., in an effort to promote its products. In 2014, McLaughlin brought suit in the Northern District of California alleging that McKesson violated the TCPA by faxing unsolicited advertisements without the opt-out notice required under the statute. McLaughlin moved to certify a class of fax recipients who received the advertisements either on