SCOTUS’ Ruling in Data Fines Case Is Hard To Predict, Lawyers Warn, Communications Daily

Partner Loyaan Egal was quoted in a Communications Daily article examining the US Supreme Court’s upcoming review of the Federal Communications Commission’s (FCC’s) authority to impose data privacy fines without a jury trial.

Loyaan noted that the outcome remains uncertain, as the case raises Seventh Amendment and Article III questions, may hinge on distinctions from SEC v. Jarkesy, and could have significant implications for agency enforcement authority.

The FCC’s enforcement authority and its ability to issue monetary penalties remain “pending before the Supreme Court,” Loyaan said, adding that a decision will provide clarity for enforcement in areas such as robocalls and numbering.

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