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Questions Presented

Whether the Communications Act violates the Seventh Amendment and Article III by authorizing the FCC to order the payment of monetary penalties for failing to reasonably safeguard customer data, without guaranteeing the defendant carrier a right to a jury trial.

Case Updates

Supreme Court holds that it does not violate the Seventh Amendment for the Commission to issue forfeiture orders without the involvement of a jury, so long as those orders do not definitively resolve the parties’ legal obligations and the FCC’s factual findings are not conclusive. The U.S. Chamber filed an amicus brief arguing that the FCC’s reliance on a future collection initiated by DOJ to enforce a forfeiture order violates the Seventh Amendment.

June 04, 2026

Opinion

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that the FCC’s reliance on a future collection initiated by DOJ to enforce a forfeiture order violates Jarkesy and the Seventh Amendment right to a jury trial

February 25, 2026

U.S. Chamber Coalition Amicus Brief

Steven A. Engel, Riley D. Compton, Michael H. McGinley, Brian A. Kulp, and Brendan M. Bell of Dechert LLP served as outside counsel.

The Chamber previously filed five amicus briefs in these consolidated cases.

Cert. petition granted

January 09, 2026

U.S. Chamber files amicus brief urging Supreme Court to grant review and reverse Second Circuit’s holding that the FCC’s statutory scheme does not violate Jarkesy and Verizon’s Seventh Amendment right to a jury trial

December 12, 2025

U.S. Chamber Amicus Brief

Steven A. Engel and Riley D. Compton of Dechert LLP served as outside counsel.

The Chamber previously filed an amicus brief in this case.

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