PDR Decision's Role in Hilton TCPA Case Contested
Hilton Grand Vacations and a consumer are at odds over the Supreme Court's PDR Network decision last month (see 1906200055) and its relation to their own Telephone Consumer Protection Act fight before the 11th Circuit U.S. Court of Appeals. Hilton…
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in a docket 18-14499 brief Monday (in Pacer) said PDR raises core questions about how much deference the 11th Circuit should give to FCC statements on TCPA and thus should allow rebriefing or supplemental briefing. Counsel for appellant Melanie Glasser said (in Pacer) last month PDR didn't overrule the appellate court's 2014 Mais TCPA decision and remains controlling precedent in the circuit. "PDR Network did not decide anything," it said, but instead remanded the case to another appellate court.