Call Chaos Ahead? Supreme Court Ruling Could Shake Up Telemarketing Landscape

In a landmark ruling that could upend decades of telemarketing law, the Supreme Court has handed businesses a powerful new defense against lawsuits brought under the Telephone Consumer Protection Act (TCPA).

On June 20, 2025, the Court ruled in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. that district courts are not bound by the Federal Communications Commission’s (FCC) interpretation of the TCPA. Instead, judges must interpret the TCPA for themselves, using ordinary legal analysis, while giving “appropriate respect” to the agency’s view.

The case stemmed from a narrow issue: whether online fax services count as telephone fax machines under the law. But it raised a broader question: does the Hobbs Act require district courts to treat FCC rules as binding? The Court said no. That role belongs to appellate courts in pre-enforcement challenges. In enforcement cases like TCPA lawsuits, trial courts must interpret the law independently.

That might sound technical, but the impact is substantial. The decision could lead to different interpretations of the TCPA across the country, opening the door to challenge FCC interpretations that have long shaped telemarketing practices.

For example, since 2003, the FCC has treated cell phones as residential lines covered by the Do Not Call rules. Courts may now revisit whether that reading holds up under the statute’s plain language.

The FCC also treats texts as phone calls under the TCPA, even though texting did not exist when the law passed in 1991. Judges may now conclude that texts fall outside the law’s scope.

The same is true for those who “initiate” a call. The FCC has imposed liability on platforms and lead buyers, even if they did not make the call directly. That expansive view may now face resistance in court.

The ruling could also affect the FCC’s 2024 position that AI-generated voices count as artificial voices under the TCPA, which triggers strict consent requirements. Courts may no longer follow that interpretation automatically.

For businesses that rely on calls, texts, or lead generation, FCC rules are no longer the final word in court. Judges now have the authority to interpret the statute themselves. That could lead to friendlier rulings for some businesses, more risk depending on venue, and years of legal uncertainty ahead.

TCPA litigation just became a lot less predictable.