Recent News
Inovalon Seeks Timely and Favorable Decision on Junk Fax Petition
On March 9, 2021 Inovalon, Inc. submitted a letter urging the FCC to answer Inovalon’s Petition for Declaratory Ruling and affirm that “faxes with no direct commercial purpose, and offering no commercially available products or services to the recipients, are not ‘advertisements’ under the TCPA and JFPA.” The letter, an ex parte notice, updates the Commission on new activity in the junk fax class action against Inovalon
Eric B. Fromer Chiropractic, Inc. v. Inovalon Holdings, Inc., et al, No. 17-cv-03801-GJH. The case has been stayed for over two years pending a decision from the FCC on Inovalon’s petition. On February 4, 2021, the Plaintiff filed a motion to lift the stay, arguing that the Fourth Circuit Court’s recent decision in
To embed, copy and paste the code into your website or blog:
The Telephone Consumer Protection Act (TCPA) was signed into law almost 30 years ago when around 3% of the population owned cellular telephones and no one had heard of – let alone sent – a text message. Since that time, the legislature has substantively amended the TCPA only once to create a government debt exception. Despite the TCPA’s antiquated language and minimal amendments, it is the basis for thousands of lawsuits each year, with one study reporting that TCPA actions have increased by 740% in the last decade alone. The aggressive evolution of the TCPA to cover everything from automated text messaging systems to reassigned cellular telephone numbers to automatic opt-out provisions is largely attributable to the Federal Communications Commission (FCC), and, up until last week, TCPA defendants have been practically defenseless against the FCC’s far reach. But with the release of the Fourth Circuit Court of Appe
To embed, copy and paste the code into your website or blog:
Questions over the extent to which district courts must defer to FCC rulings have had a significant impact over key legal issues that drive outcomes in the TCPA litigation. Prior to the Supreme Court’s opinion in
PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (2019), many courts had held the Hobbs Act barred district courts from considering challenges to the validity of FCC rulings, meaning private litigants could not mount such challenges no matter how wrong or arbitrary the FCC’s ruling may have been.
In
Advertisement
A JARRING SHIFT: Here’s Why the Fourth Circuit Holding FCC TCPA Rulings Aren’t Entitled to Chevron Deference Much Less Binding Effect Under the Hobbs Act– Is So Astonishing Friday, December 11, 2020
TCPAWorld is such a weird place.
Legal principles are constantly shifting. Indeed, TCPAWorld is the only corner of the law where developments move so quickly that if a doctrine can survive five years or so it is considered vaunted immovable bedrock.
Yet, even bedrock isn’t certain in TCPAWorld since nobody not even Appellate Court judges can figure out the law, as the decision in
Carlton & Harris Chiropractic Inc. v. PDR Network, LLC, No. 16-2185, 2020 U.S. App. LEXIS 38073 (4
Fourth Circuit FCC TCPA Deference Issues Post-PDR Network natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.