Telephone and Texting Compliance News: Litigation Update — TCPA Defense Post-Chevron: Insights from Cacho v. McCarthy & Kelly LLC
Defending against claims under the Telephone Consumer Protection Act (TCPA) requires a strategic approach focused on compliance, documentation, and robust legal defenses . In this article, we focus on a recent decision from the Southern District of New York in the case of Cacho v. McCarthy & Kelly, No. 23-cv-11157, 2024 WL 3293628 (S.D.N.Y. July 3, 2024), which provides valuable insights into TCPA compliance and defense strategies post-Chevron. I. The Impact of Loper Bright on TCPA Cases On June 28, 2024, the Supreme Court struck down Chevron, U.S.A., Inc. v Natural Resources Defense Council, Inc., 467 US 837 (1984) in Loper Bright Enterprises v. Raimondo, No. 22-451, 2024 WL 3208360 (US June 28, 2024). As applied to the TCPA, under Chevron, courts routinely deferred to the Federal Communications Commission’s (FCC) regulations and interpretations. With Chevron dismantled, defendants now have the opportunity, in appropriate cases, to ask courts to independently interpret statuto...