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5 days ago | 
jdsupra.com | David Anthony |Virginia Bell Flynn |Stefanie Jackman
In a significant ruling, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a pivotal moment in administrative law, particularly concerning the deference required to agency orders in enforcement proceedings.
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1 week ago | 
openlegalblogarchive.org | David Anthony |Virginia Bell Flynn |Stefanie Jackman |Ethan G. Ostroff
In a significant ruling today, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a pivotal moment in administrative law, particularly concerning the deference required to agency orders in enforcement proceedings.
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2 weeks ago | 
jdsupra.com | David Anthony |Virginia Bell Flynn |Stefanie Jackman
On May 22, Illinois House Bill 3352 passed the Illinois legislature and now awaits Governor JB Pritzker’s signature. This bill amends the Illinois Collection Agency Act to provide an individual a way to avoid liability for a coerced debt.
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Feb 10, 2025 | 
jdsupra.com | Virginia Bell Flynn |Brooke Conkle |Ethan G. Ostroff
On February 4, the Federal Communications Commission (FCC) proposed a $4,492,500 fine against Telnyx LLC for allegedly allowing illegal robocalls on its network. The FCC’s Notice of Apparent Liability for Forfeiture (NAL) serves as a formal notification of the apparent violations and the proposed monetary penalty. It is not a final Commission action.
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Feb 7, 2025 | 
openlegalblogarchive.org | Virginia Bell Flynn |Brooke Conkle |Ethan G. Ostroff
On February 4, the Federal Communications Commission (FCC) proposed a $4,492,500 fine against Telnyx LLC for allegedly allowing illegal robocalls on its network. The FCC’s Notice of Apparent Liability for Forfeiture (NAL) serves as a formal notification of the apparent violations and the proposed monetary penalty. It is not a final Commission action.
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Jan 30, 2025 | 
jdsupra.com | Virginia Bell Flynn |Brooke Conkle |Ethan G. Ostroff
Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual inquires. The decision further clarified the application and constitutionality of the statute to unsolicited fax advertisements. In Steven A. Conner, DPM, P.C. v.
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Jan 30, 2025 | 
openlegalblogarchive.org | Virginia Bell Flynn |Brooke Conkle |Ethan G. Ostroff
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Jan 28, 2025 | 
insidearm.com | Rachel Ommerman |Virginia Bell Flynn |Stefanie Jackman |Ethan G. Ostroff
The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In KAC 2021-1, LLC v. Mary T. Matuskah Irrevocable Trust, the plaintiff was an assignee of a tenant who leased property from the defendant trust.
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Nov 20, 2024 | 
jdsupra.com | Virginia Bell Flynn |Rachel Ommerman
Recently, a U.S. District Court in the District of New Mexico denied a defendant’s motion for summary judgment on Telephone Consumer Protection Act (TCPA) claims for telemarketing calls, finding genuine questions of fact about the defendant’s direct liability, actual authority over agents making the calls, whether the system used to make the calls is an Automatic Telephone Dialing System (ATDS), and whether there is a private right of action under 47 C.F.R. § 64.1200(d)(4).
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Nov 20, 2024 | 
jdsupra.com | Virginia Bell Flynn |Rachel Ommerman
The New Mexico Supreme Court recently confirmed consumer standing to pursue state law claims against a credit union after it pursued debt collection lawsuits against its members in the New Mexico magistrate courts. Several members filed a class action lawsuit against the credit union for the unauthorized practice of law and under the Unfair Practices Act (UPA), but the trial court dismissed the case, finding the plaintiffs lacked standing.
