4th Circuit Remands Question on FCC Junk Fax Rule to District Court
Given how the legal issues in the Carlton & Harris junk fax case have changed in its path to the Supreme Court and back, the best route is to remand a narrower inquiry to U.S. District Court in Huntington, West…
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Virginia, the 4th U.S. Circuit Court of Appeals ruled Monday (in Pacer, docket 16-2185) vacating the lower court. The 4th Circuit said it wasn't determining what level of deference a district court should give FCC interpretation of what an unsolicited advertisement is under the Telephone Consumer Protection Act, but the lower court should determine how persuasive that interpretation is and the extent to which that persuasiveness requires deference to the agency. Judges Albert Diaz, Stephanie Thacker and Pamela Harris decided the case, with Diaz penning the opinion. Oral argument on the remanded case was in September (see 2009100008).