Rethinking TCPA Compliance in the Wake of McLaughlin v. McKesson

As businesses increasingly rely on automated communication and digital marketing tools, an article by RumbergerKirk partner Samantha Duke says the upcoming US Supreme Court decision in McLaughlin v. McKesson could significantly impact how companies interpret and comply with the Telephone Consumer Protection Act (TCPA). At issue is whether federal district courts must defer to the Federal Communications Commission’s (FCC) interpretations under the Hobbs Act, a question with significant implications for regulatory consistency, legal strategy, and risk exposure. While the case focuses on junk faxes and the scope of the TCPA, its broader implications for TCPA compliance will affect every sector that utilizes digital outreach.

The dispute arises from diverging interpretations among federal circuit courts regarding whether district courts are bound by the FCC’s guidance on TCPA matters, including whether digital fax services fall within its purview. Petitioners argue that the Hobbs Act improperly limits judicial discretion, while respondents maintain that it promotes consistency and allows appellate review of agency actions. This debate arrives against the backdrop of the Supreme Court’s recent rejection of the Chevron doctrine in Loper Bright Enterprises v. Raimondo, a decision that weakened judicial deference to agency interpretations more broadly.

The Court’s ruling could either reaffirm centralized FCC authority or shift interpretive power to individual district courts. A shift away from agency deference may result in a patchwork of rulings and increase compliance complexity, particularly for multinational businesses. However, it could also create a more predictable legal environment by grounding TCPA interpretation in statutory text rather than shifting regulatory positions.

Companies that rely on digital or fax-based marketing must reexamine their TCPA compliance strategies now. Regardless of how the Court rules, agency guidance is likely to remain influential, and businesses should prepare for a potentially fragmented legal landscape that demands greater legal vigilance and flexibility.