This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
McKesson Corporation sent unsolicited fax advertisements through a subsidiary in 2009 and 2010 to medical practices, including McLaughlin Chiropractic Associates.
According to McLaughlin Chiropractic Associates, mcLaughlin sued McKesson in the U.S. District Court for the Northern District of California in 2014, alleging TCPA violations for faxing unsolicited advertisements without the required opt‑out notices.
While the lawsuit was pending, a company petitioned the FCC for a declaratory ruling on whether the TCPA applies to faxes received through online fax services.
Months after class certification, the FCC issued the Amerifactors order, interpreting “telephone facsimile machine” in the TCPA to exclude online fax services.
The Court held that § 703 of the Administrative Procedure Act provides a default principle that parties in enforcement proceedings can challenge an agency’s interpretation of a statute, and that district courts may independently determine whether the agency’s interpretation is correct.
The majority further held that the Hobbs Act does not bar McLaughlin from arguing in the district‑court enforcement proceeding that the FCC’s interpretation of the TCPA is incorrect.
Justices Kavanaugh and Kagan dissented, arguing that the Hobbs Act provides exclusive jurisdiction to the courts of appeals, and citing precedent that bars district‑court “collateral redetermination” of agency orders.
- [1] e3d9b60b4e6bcff3ec03-r1-903dbe41e1267aaf.pdf, p. 2
- [2] e3d9b60b4e6bcff3ec03-r1-903dbe41e1267aaf.pdf, p. 2
- [3] e3d9b60b4e6bcff3ec03-r1-903dbe41e1267aaf.pdf, p. 2
- [4] e3d9b60b4e6bcff3ec03-r1-903dbe41e1267aaf.pdf, p. 2
- [5] e3d9b60b4e6bcff3ec03-r1-903dbe41e1267aaf.pdf, pp. 12–13
- [6] e3d9b60b4e6bcff3ec03-r1-903dbe41e1267aaf.pdf, p. 18
- [7] e3d9b60b4e6bcff3ec03-r1-903dbe41e1267aaf.pdf, pp. 17–32
Background and question before the Court
McKesson’s unsolicited fax advertisements to medical practices, including McLaughlin, gave rise to a TCPA lawsuit alleging violations of the required opt‑out notice.
During the pending lawsuit, a company sought an FCC declaratory ruling on the applicability of the TCPA to online fax services, leading the FCC to issue the Amerifactors order excluding such services from the TCPA definition.
The legal question before the Court was whether the Hobbs Act bars district courts from reviewing the FCC’s interpretation of the TCPA in enforcement proceedings.
What each side argues
McKesson and the Government
McKesson and the Government argue that practical problems could arise if the Hobbs Act did not bar judicial review of agency legal interpretations in enforcement proceedings.
What happened at oral argument
What the Court decided
Section 703 of the Administrative Procedure Act provides a default principle that parties in enforcement proceedings can challenge an agency’s interpretation of a statute.
In enforcement proceedings, district courts independently determine whether an agency’s interpretation of a statute is correct.
The Hobbs Act does not bar McLaughlin from arguing in the district‑court enforcement proceeding that the FCC’s interpretation of the TCPA is incorrect.
Justice Kavanaugh dissented, stating that the Hobbs Act provides exclusive jurisdiction to the courts of appeals.
Justice Kagan dissented, arguing that “exclusive” means courts of appeals alone, not district courts, and citing Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget Transatlantic, which forecloses a district court’s collateral redetermination of an agency order.
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 3aca60df772e6f4daf49-r1-ca75869a3cb3fa10.pdforal argument transcript
- e3d9b60b4e6bcff3ec03-r1-903dbe41e1267aaf.pdfopinion
Guide generated September 27, 2026. Automated validation accepted this version.