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FCC SERIES: EPISODE 25 - Who’s in charge now? Courts vs. FCC after McLaughlin ruling
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The FCC no longer has the final say. Are you ready for the new TCPA era?
The Supreme Court just flipped the script on how the Telephone Consumer Protection Act (TCPA) is enforced, and the ramifications have only just begun to be felt.
In McLaughlin Chiropractic Associates v. McKesson Corp., the Court ruled that lower courts are not bound by FCC interpretations of the TCPA, even in enforcement cases. That means federal judges now have the power to reinterpret core TCPA provisions—from consent rules to exemptions—without deferring to the FCC.
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