"... THE UNCERTAINTY... OFFERS A GOOD OPPORTUNITY FOR CONTACT CENTERS TO REEVALUATE THEIR COMPLIANCE STRATEGY..."
-- PAUL ST. CLAIR
SPECIAL REPORT
BY BRENDAN READ, CONTACT CENTER PIPELINE; Q & A WITH INDUSTRY EXPERTS
ILLUSTRATION PROVIDED BY ADOBE IMAGES
SUPREME TELEMARKETING CHANGES? KEY RULINGS ON THE TCPA AND OTHER LAWS COULD CREATE COMPLIANCE UNCERTAINTY, FOR NOW.
U
. S. telemarketing laws are being disrupted thanks to a series of critical court decisions that will very likely affect how contact centers manage contacting and engaging with customers and prospects.
On June 20, 2025, the U. S. Supreme Court ruled 6-3 that federal district courts were no longer bound by administrative interpretations of the Telephone Consumer Protection Act( TCPA) by the Federal Communications Commission( FCC).
In the case, McLaughlin Chiropractic Associates v. McKesson Corp., the Supreme Court said that the Administrative Order Review Act, known as the Hobbs Act, provides for pre-enforcement judicial review of FCC orders.
The Supreme Court noted that statutes such as the Clean Water Act, CERCLA, and the Clean Air Act do“ expressly preclude judicial review in enforcement proceedings”.
Then, on July 8, 2025, the Eighth Circuit Court of Appeals vacated the Federal Trade Commission( FTC)’ s“ click-to-cancel” rules. And, on July 21, 2025, the Central District of Illinois ruled that the TCPA’ s National Do Not Call( DNC) Registry and Internal Do Not Call list regulations do not apply to SMS / text( see " Fewer Limits on Text Marketing?" page 41).
"... THE UNCERTAINTY... OFFERS A GOOD OPPORTUNITY FOR CONTACT CENTERS TO REEVALUATE THEIR COMPLIANCE STRATEGY..."
-- PAUL ST. CLAIR
SEPTEMBER 2025 37