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Richard Perr, Esq. quoted in Law 360 article, High Court’s TCPA Grant Set To Broaden Loper Bright’s Blow, 10-11-2024

Posted Oct 14, 2024

On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act…

“This dispute has less to do with the TCPA and more to do with the eroding of agency authority,” said Richard Perr, a partner and litigator at Kaufman Dolowich LLP. “At this point, the justices may not even answer the question of whether online faxes are junk faxes, given that the [certiorari grant] appears to really be designed to strike down the Hobbs Act and open up all agency decisions going forward.”

Essentially, this TCPA case is a companion to Loper Bright,” said Perr of Kaufman Dolowich. “It’s likely to be just another nail in the coffin for agency authority.”

Read more at the full article.

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