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Fourth Circuit Upholds Denial of Class Certification in TCPA Case

Fourth Circuit Upholds Denial of Class Certification in TCPA Case
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In the Balance: Justices Weigh Canceling The Multi-Billion Dollar TCPA Boondoggle | Fox Rothschild LLP


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“At what point do we simply say . . . this statute is an ill fit for current technology?” – Justice Clarence Thomas
Nearly 3 decades before Zack Morris ascended to the fictional governorship of California, he was America’s best known Preppy the cool kid with politician hair toting the raddest, most cutting edge, must-have gizmo his Dad’s money could buy: a Motorola DynaTAC 8000X. Yes, I mean the “brick” phone.
Standing 13 inches tall and weighing nearly 2 lbs., it was a marvel of its time. To say the now comically oversized “mobile” device is outmoded should offend no one. Moore’s Law may be on its death bed (if not already at an end), but it departs having made its mark over the last 30 years. Unceasing progress brought forward a technological milieu bearing almost no resemblance to the world of early 90’s Bayside High. Once-Jetsonian gadgets like portable CD players, VCRs, and camcorde ....

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FCC TCPA Rulings Aren't Entitled to Chevron Deference


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A JARRING SHIFT: Here’s Why the Fourth Circuit Holding FCC TCPA Rulings Aren’t Entitled to Chevron Deference Much Less Binding Effect Under the Hobbs Act– Is So Astonishing
Friday, December 11, 2020
TCPAWorld is such a weird place.
Legal principles are constantly shifting. Indeed, TCPAWorld is the only corner of the law where developments move so quickly that if a doctrine can survive five years or so it is considered vaunted immovable bedrock.
Yet, even bedrock isn’t certain in TCPAWorld since nobody not even Appellate Court judges can figure out the law, as the decision in  
Carlton & Harris Chiropractic Inc. v. PDR Network, LLC, No. 16-2185, 2020 U.S. App. LEXIS 38073 (4 ....

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