McLaughlin Chiropractic Makes Case for Limiting FCC Authority in TCPA Case

McLaughlin Chiropractic Associates laid out why the U.S. Supreme Court should overturn the 9th U.S. Circuit Court of Appeals' decision that, under the Hobbs Act, courts must accept the FCC’s interpretation of the Telephone Consumer Protection Act. McLaughlin pointed to PDR Network v. Carlton & Harris Chiropractic, a 2019 SCOTUS case about FCC authority to implement the TCPA. The court handed down what was seen as a middle-of-the-road decision in that case (see 1906200055). “There, the Fourth Circuit held that it was bound by the FCC’s interpretation of the TCPA, just like the Ninth Circuit did,” said a brief SCOTUS posted Monday. “Although a majority of this Court didn’t reach the question, four Justices concluded that the Hobbs Act ‘does not bar’ a party ‘from arguing that the agency’s interpretation of the statute is wrong,’” the brief said: “Like PDR Network, this case involves private TCPA claims for money damages and the appeal turns on whether an FCC order bound the court.” Nothing in the Hobbs Act’s text “supports the Ninth Circuit’s reading,” McLaughlin said: “Nor is there any other basis to conclude that Congress designed the Hobbs Act to strip district courts of their authority to interpret a federal statute. … No one doubts that district courts may not hear pre-enforcement petitions seeking those specific forms of relief.” But the Hobbs Act “says nothing about other kinds of actions, like a private action for money damages, that are properly filed in federal district court under ordinary federal-question jurisdiction.” SCOTUS is to hear oral argument Jan. 21 in McLaughlin Chiropractic Associates v. McKesson. The case is viewed as having larger implications for the FCC beyond its legal interpretation of the TCPA (see 2410170015).