The fine folks at PDR network make publications for the medical community, such as physicians reference books and shit. They’re apparently stuck in the 1990’s, because these motherfuckers sent a fucking fax to the respondent, Carlton & Harris Chiropractic, Inc., trying to peddle some of their books via eBook.
PDR offered the respondent specifically, a free version of their eBook. Which is presumably why the 4th circuit tried to say it wasn’t a “commercial aim,” meaning they weren’t selling something, but instead giving it away.
The FCC’s Telephone Consumer Protection Act (“TCPA”) bans companies from soliciting via fax all unannounced and shit. If you do it, you may get your ass slapped with a $500 fine, and up to $1500, if they find you knew you shouldn’t do it, but you did it anyway.
PDR ‘s argument is: “How the hell can you sue for damages, when a fax offering a free book, caused you no fucking harm whatsoever?Like, seriously. We tried to give you that shit for free, asshole!”
When PDR Network went to the 4th circuit, they were all like, “We need not harmonize the FCC’s rule, with the underlying statute.” Meaning, they felt they didn’t have to worry about the FCC’s wording in their rules, only the law that underpins their rule. Seemed a little contradictory in nature, so PDR was all like, “WTF?”
SCOTUS decided they didn’t even give a fuck about PDR and those scumbag chiroquackers. Saying, “Fuck you, you’re not even real doctors.” Instead, all they decided to weigh in on, was who has the authority to rule on this shit. Even I got so confused with this nonsense I couldn’t be bothered.
So, siding with PDR, judgement against the 4th circuit’s action for PDR, they told the chiroquackers to eat a bag of dicks.
Hear oral arguments and read about the case here.
Here’s a couple other links as well.
https://supreme.justia.com/cases/federal/us/588/17-1705/
https://www.law.cornell.edu/supct/cert/17-1705
https://www.justice.gov/jm/criminal-resource-manual-2402-hobbs-act-generally
The Logical Libertarian™ 