Alexis Buese Quoted in Bloomberg Law on Supreme Court’s Recent FCC Decision

Bradley attorney Alexis Buese was quoted in Bloomberg Law on the Supreme Court’s recent ruling scaling back deference to the Federal Communications Commission’s (FCC) administrative orders, which could set the stage for more challenges from regulated companies and circuit splits as cases percolate through the lower courts.

The ruling that the 1950 Administrative Orders Review Act — also known as the Hobbs Act — doesn’t preclude judicial review of FCC orders under the Telephone Consumer Protection Act (TCPA) is pivotal for the TCPA defense bar.

And that means centering arguments more around the language of the TCPA itself rather than the FCC’s interpretation, said Buese.

Attorneys should expect and prepare more statutory construction arguments, she explained.

“Plaintiffs aren’t going to be able to short circuit litigation simply by pointing to the FCC order alone,” Buese said. “They’re going to need to defend the statutory basis [for their claims].”

The decision builds on the high court’s ruling last year in Loper Bright Enterprises v. Raimondo, which overturned decades of precedent stating courts must give deference to agencies’ interpretations of ambiguous laws.

The latest ruling creates an opening for companies to challenge longstanding FCC rules and orders, such as those regarding the Do-Not-Call Registry, Buese said.

The full article, “Supreme Court’s FCC Decision a ‘Game Changer’ for Challengers,” was published by Bloomberg Law on June 25, 2025.