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High Court Punt Plunges TCPA Suits Into Greater Uncertainty

Litigation and Trials   |   Telecommunications   |   Telephone Consumer Protection Act   |   Technology & Telecommunications   |   June 21, 2019
Carlton Fields telecommunications attorney Aaron Weiss was quoted in a Law360 article titled, “High Court Punt Plunges TCPA Suits Into Greater Uncertainty,” discussing the Supreme Court’s recent avoidance of answering who has the final say on how the telecommunications related act is interpreted.
 
In the ruling, the justices sent back a TCPA dispute to the Fourth Circuit, but failed to resolve certain core issues and questions regarding authority, key statutory terms, and more.
 
"The Supreme Court’s punting decision will almost definitely deepen the quagmire of litigating TCPA cases and probably make most TCPA lawyers wish they had paid more attention in their Administrative Law class in law school," said Weiss. "Instead of providing a pellucid standard, the Supreme Court has given the district courts — and lawyers — more homework."
 
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