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Chevron Deference Overruled! FCC to Curb TCPA Rulemaking?

As our readers are by now aware, on June 28, 2024, the Supreme Court of the United States overturned a legal precedent known as “Chevron deference” by a 6-3 vote. The Court’s opinion in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al. (“Loper Bright”) has major implications for Telephone Consumer Protection Act (“TCPA”) rulemaking. “Chevron deference” refers to the 1984 landmark Supreme Court ruling in the matter of Chevron v. Natural Resources Defense Council. The decades-old doctrine mandated that, if Congress passes a law that leaves room for interpretation, courts should defer to federal agencies in

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Back to the Future – CIPA Wiretap Case Survives Dismissal

Readers of this blog are familiar with the California Invasion of Privacy Act (“CIPA”), and the systematic transformation of CIPA wiretapping cases since their inception. Applying CIPA, a Washington State federal court recently denied a motion to dismiss a putative class action alleging that defendant violated CIPA by wiretapping plaintiff’s

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Swigart Law Group CIPA Demands

Readers of this blog likely know about the wave of consumer privacy litigation directed at online companies’ collection of consumer data. A litany of these cases are brought by Swigart Law Group, APC (“Swigart Law”), a law firm based out of California. According to its website, Swigart Law “is a

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