Taft Litigation partner Isaac Colunga was quoted in the Bloomberg article “High Court Junk Fax Case Aims at Trial Judge Deference to FCC,” published on Jan. 20.

The article discusses a dispute before the US Supreme Court that questions whether a federal law limiting judicial review of Federal Communications Commission (FCC) final orders can remain following the Court’s decision to strike down a precedent on agency deference. On Jan. 21, the justices heard oral arguments in a case over whether a federal district court must accept an FCC order that the Telephone Consumer Protection Act (TCPA) does not apply to online faxes that are not printed. The US Court of Appeals for the Ninth Circuit ruled that the Hobbs Act, which states that only circuit courts are permitted to review FCC final orders, requires district courts to defer to the agency.

Colunga mentions that the FCC’s orders and reports have helped with interpreting the TCPA as technology has evolved since its enactment. He adds, “If the Supreme Court chips away at the Hobbs Act deference, that could create more confusion and uncertainty in TCPA litigation. From a compliance standpoint, we’re almost starting over, which makes it difficult and costly.”

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Colunga defends consumer class actions filed across the country, with a focus on the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and other federal consumer protection statutes. He is widely known in this area and is one of only a handful of lawyers nationwide who has represented clients in over 100 TCPA lawsuits and class actions. Colunga also helps his clients comply with the TCPA and other telemarketing laws, including state laws that govern telemarketing and debt collecting.