By: Jeffrey Backman, Esq. and Natalie Benayoun, Esq.
In our latest blog post, we wanted to share a recent win for the Greenspoon Marder TCPA team in a case that has significant implications for the future of the Telephone Consumer Protection Act (TCPA). Our team successfully represented the defendant in Shawn Isaacs v. USHEALTH Advisors, LLC, Case No. 3:24-cv-216-TCB. The case was heard in the United States District Court for the Northern District of Georgia, where the court granted the defendant’s Motion to Stay, pending a decision from the U.S. Supreme Court in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., No. 23-1226.
The case revolves around a pivotal issue: whether the Hobbs Act requires a district court to accept and apply the Federal Communications Commission’s (FCC) interpretations of the TCPA. Specifically, the McLaughlin case addresses the FCC’s 2003 order, which concluded that cell phones can be considered “residential” under certain circumstances, thus broadening the scope of the TCPA.
In their Motion to Stay, the defendant argued that the plaintiff failed to state a claim under the TCPA, asserting that the provisions the plaintiff invoked do not apply to calls or text messages to cellular telephone numbers, which are the basis of his claims. The court agreed with this position, recognizing that the issue was directly related to the McLaughlin case. In that case, the FCC had issued an order determining that the TCPA provisions at issue could indeed apply to wireless telephones.
In light of this, the court decided to grant a stay, pausing the case until the Supreme Court issues its decision in McLaughlin. The court also noted that the plaintiff would not be unduly burdened by the stay, as it is expected to be relatively short. The Supreme Court recently heard oral arguments in McLaughlin on January 21, 2025, and its opinion is expected by the end of June.
This is an exciting development for the Greenspoon Marder team, and we’ll be closely watching the outcome of McLaughlin to see how the Supreme Court’s decision shapes the future of the Isaacs case and the broader application of the TCPA. Stay tuned for updates!
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