[23-1226] McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation

McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation Justia · Docket · oyez.org Argued on Jan 21, 2025. Petitioner: McLaughlin Chiropractic Associates, Inc.Respondent: McKesson Corporation. Advocates: Matthew W.H. Wessler (for the Petitioner) Joseph R. Palmore (for the Respondents) Matthew Guarnieri (for the United States, as amicus curiae, supporting the Respondents) Facts of the case (from oyez.org) True Health Chiropractic, Inc. and McLaughlin Chiropractic Associates, Inc. filed a class action lawsuit against McKesson Corporation and McKesson Technologies, Inc. The plaintiffs alleged that the defendants violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited advertisements via fax. They claimed they neither invited nor gave permission to receive these faxes, and even if there was permission or an established business relationship, the faxes lacked the required opt-out notice. The district court initially granted summary judgment to the plaintiffs on McKesson's consent defenses. The court also decertified the proposed class and denied treble damages to the plaintiffs. McKesson appealed the summary judgment decision on their consent defenses. The plaintiffs cross-appealed the class decertification and denial of treble damages. The U.S. Court of Appeals for the Ninth Circuit reviewed the summary judgment de novo, the decertification order for abuse of discretion, and the denial of treble damages for abuse of discretion, ultimately affirming all of the district court’s decisions. Question Does the Hobbs Act require a federal district court to accept the Federal Communication Commission’s legal interpretation of the Telephone Consumer Protection Act?