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On November 13, the U.S. Supreme Court announced that it would determine whether the Hobbs Act required a district court to accept the FCC's legal interpretation of the TCPA.
On November 13, the U.S. Supreme Court announced that it would determine whether the
Hobbs Act required a district court to accept the FCC's legal
interpretation of the TCPA. The FCC maintained that an unsolicited
fax sent by a major health information provider regarding offers
for a free e-book must have had a commercial goal to be an
advertisement under the TCPA. The Supreme Court will consider the
standard that lower courts must use to determine "when"
and to "what extent" to defer to FCC guidance.
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