COSTA MESA, CALIF.—On Nov. 13, the US Supreme Court agreed to hear what could be a landmark Telephone Consumer Protection Act case. And when Law360 covered this important development, it turned to Womble Bond Dickinson attorney Artin Betpera for insights.
The case involves a junk fax lawsuit in West Virginia. But at the heart of the matter is whether and to what extent lower courts must defer to and follow the TCPA rulings of the Federal Communications Commission. The decision could have a far-ranging impact on other cases where administrative agencies and the judicial branch intersect.
“The court could very well have been persuaded to take up the issue because it implicates the balance of powers between administrative agencies determining what the law says, and courts essentially serving that same function,” Betpera tells Law360. “It comes down to: Who gets to say what the law is?”
Click here to read “Justices To Consider FCC Deference In Junk Fax Case” at Law360 (subscription required).
A follow-up analysis at Law360 also features comments from Betpera. He tells Law360, “While the ruling likely won't have a massive impact on the day-to-day litigating of TCPA cases,” or impact the ebb and flow of such suits, “it will affect the contours of how certain legal issues break down in lower courts and the standard that courts use to determine if and to what extent to apply FCC guidance on key issues.”
Betpera also offers additional insights at Womble Bond Dickinson’s TCPAland.com site. Click here to read “From a Deference Dimension: Breaking Down the Supreme Court’s Grant of Certiorari to Consider Whether the Hobbs Act Requires District Courts to Follow the FCC’s TCPA Rulings” at TCPAland.com.
Artin Betpera serves as a chief lieutenant on one the nation’s most experienced and powerful class action defense teams. He manages significant volumes of financial services litigation for some of the country’s largest banks and financial institutions, with a particular focus on Telephone Consumer Protection Act (TCPA) issues.