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Post-Chevron Chaos: Courts Split on Whether Texts Are ‘Calls’ Under the TCPA
Recent Supreme Court rulings mean courts now interpret the TCPA without FCC guidance, leading to conflicting decisions on whether text messages are considered “calls.” Some courts say no; others say yes, creating legal uncertainty and uneven compliance risks for businesses nationwide. The authors discuss How Loper Bright and McLaughlin are reshaping Telephone Consumer Protection Act litigation, statutory interpretation, and compliance risk.
By
Hilary Simon
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Emily Saul
Manhattan Supreme Court Justice Nicolas Moyne denied Rudy Giuliani’s motion to dismiss the lawsuit, noting defense concessions undercut key defense arguments, including challenges related to the Adult Survivors Act and employment classification.
March 31, 2026
Amanda Bronstad
Last week's $375 million verdict against Meta Platforms in New Mexico, and $6 million jury award against Meta and YouTube, owned by Google, were the first to use new legal theories to blame social media on harm to children.
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Emily Saul
Under a consent decree, negotiated by the parties and ordered by U.S. District Court Judge Gary Brown of the Eastern District of New York, the village’s insurer must pay the settlement by April 15, and the Lubavitch may develop their property based on variances previously granted to another local congregation. Old Westbury's Places of Worship law had been struck down by Brown as unconstitutional.
March 31, 2026
Emily Saul
A Westchester Supreme Court judge has found a former managing partner in civil and criminal contempt for failing to pay child support and repeatedly disparaging his ex-wife on TikTok, in violation of a settlement agreement. The parties are not named in the ruling.
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Brian Lee
The settlement was said to be among the largest contributions by a Roman Catholic diocese to a survivor settlement fund in all of New York. The agreement does not contain any money from The Hartford Insurance, Interstate Insurance, and London Market Insurers. Attorney negotiations with the three insurers are ongoing.
March 27, 2026
