Washington Internet Daily
The Supreme Court decision in a junk fax case, PDR Network v. Carlton & Harris Chiropractic, could have major implications for what the FCC does on the Telephone Consumer Protection Act (TCPA). The Court established that a litigant in a private junk fax lawsuit can't attack the validity of an FCC order that could have been challenged under the Hobbs Act.
The PDR Network junk fax ruling is one of many causing the courts to re-examine TCPA issues beyond the definition of automatic telephone dialing system. In the Washington Internet Daily article, “Junk Fax Case Before Supreme Court Seen Critical to FCC Work on TCPA,” Morrison & Foerster partner Joe Palmore states that PDR Network "presents a very important issue of how FCC orders are reviewed and how FCC orders are applied in private-party litigation under the TCPA and will have consequences otherwise as well."