Kavanaugh’s Confirmation to the Supreme Court Could Mean Profound Changes for the TCPA

Editor's Note: This article is published by insideARM with permission from the author, G. David Carter of Innovista Law PLLC. The firm's blog, TCPA Defense Force, can be read here.

This week, Judge Brett M. Kavanaugh of the United State Circuit Court of Appeals for the D.C. Circuit will appear before the Senate Judiciary Committee to testify during confirmation hearings for his nomination to become an Associate Justice of the United States Supreme Court. Kavanaugh was nominated by President Trump on July 9, 2018, to fill the seat of the long-serving Justice Anthony Kennedy, who officially retired on July 31, 2018.

As we prepare for what may be a contentious election-year confirmation process, I explore what Judge Kavanugh’s elevation to the high court could mean for the future of the Telephone Consumer Protection Act (TCPA). Based on his many years of service on the D.C. Circuit – the federal appellate court that handles the largest volume of appeals involving issues of federal agency decision making – as well as his speeches and writings, a road map emerges that suggests Justice Kavanaugh may profoundly impact how agencies, such as the FCC, do their work. As a result, this course correction may make it easier for businesses to comply with the TCPA, helping to reduce risk for those companies that strive to comply with the law.

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