Solicitor General Asks High Court to Affirm 4th Circuit Junk Fax Ruling
The U.S. solicitor general urged the Supreme Court to affirm an appellate court ruling that a litigant in a private junk fax lawsuit can't attack validity of an FCC order that could have been challenged under the Hobbs Act when…
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issued. "Such collateral attacks would undermine the interests of the United States and regulated parties in conclusively determining the validity of covered agency actions," said an SG/DOJ brief joined by the FCC and posted Friday, in PDR Network v. Carlton & Harris Chiropractic, No. 17-1705. PDR argued a 4th U.S. Circuit Court of Appeals Hobbes Act ruling stripped a district court of jurisdiction to review an FCC "unsolicited advertisement" decision under the Telephone Consumer Protect Act (see 1901090045). Carlton & Harris, which sued PDR after receiving its fax advertising a digital version of a physician's reference book, filed its brief Feb. 7 urging the high court to dismiss the case or affirm the 4th Circuit ruling. Business interests and others filed amicus briefs in the docket, including the U.S. Chamber of Commerce, which backed broad rights to contest FCC TCPA decisions (see 1901160030).