My goodness, was Lincare living dangerously.

Facing a certified TCPA class action Lincare rolled the dice and relied on not one– but two– FCC rulings that may or may not even be good law anymore in pursing summary judgment.

And it won!

At least for now.

In Morris v. Lincare, 2025 WL 2661482 (M.D. Fl. Sept. 17, 2025)– a decision that mentions neither the Hobbs Act or the Supreme Court’s recent rulings in LoperBright or McKesson– the court applied an expansive read of two FCC rulings to save Lincare’s bacon and grant it summary judgment in a certified TCPA class action.

At issue were prerecorded calls sent by Lincare in an effort to have the Plaintiff buy supplies related to a CPAP device. Back in 2015 the Plaintiff had provided her phone number when signing up for the CPAP device

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