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ARTICLE · 20 DECEMBER 2024

TCPA Tracker For October - November 2024

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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On October 4, 2024, the United States Supreme Court granted certiorari and agreed to hear arguments in McLaughlin Chiropractic Associates, Inc. v. Mckesson Corp.

United StatesMedia, Telecoms, IT, Entertainment
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP

Supreme Court Agrees to Hear TCPA Case

On October 4, 2024, the United States Supreme Court granted certiorari and agreed to hear arguments in McLaughlin Chiropractic Associates, Inc. v. Mckesson Corp. In doing so, the Court will address whether the Hobbs Administrative Orders Review Act ("Hobbs Act") requires a district court to afford "absolute deference" to the FCC's interpretation that the TCPA does not cover online fax services.

The underlying dispute in McLaughlin arises out of a class action TCPA lawsuit, where Plaintiff McLaughlin Chiropractic Associates Inc.'s proposed class included individuals who received messages via online fax service as well as those who received the same messages via physical fax machine. The Northern District of California denied class certification based on a 2019 FCC declaratory ruling that faxes received through an online fax service were not within the purview of the TCPA. Instead, the court created two separate classes of

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