US Supreme Court Punts on Whether FCC Rule is Law
Chad Fuller and Virginia Flynn were quoted regarding a Telephone Consumer Protection Act dispute between health information services provider PDR Network LLC and chiropractic practice Carlton & Harris in a Daily Journal article titled, “US Supreme Court Punts on Whether FCC Rule is Law.” Flynn said that from a defense perspective, “It almost didn’t matter whether the Supreme Court said, ‘Yes, you have to follow the FCC,’ or ‘No, courts are allowed to interpret,’ I think companies were excited to finally get some clarity around the issue, so it was a pretty big hit to see them punt it in a six-page opinion.” She went on to add, “You’ve got courts on the 9th Circuit and courts in the 3rd Circuit saying something completely different on how to define a very specific term under the statute.” Fuller stated, “The fact that the Supreme Court is not going to take this case and decide it means that the uncertainty we presently have is going to remain.”