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Crunch San Diego Seeks Supreme Court Review of 9th Circuit's Marks Decision

Yesterday, Crunch San Diego—the defendant in the Ninth Circuit’s infamous Marks v. Crunch San Diego TCPA decision—filed a petition for certiorari with the Supreme Court. The question presented is:

Whether the Ninth Circuit erred in expanding the TCPA’s definition of “automatic telephone dialing system”—in acknowledged conflict with the Third Circuit and in stark tension with the D.C. Circuit—to encompass any device with capacity merely to dial stored telephone numbers.

If the Supreme Court agrees to hear the case, it could bring some much needed clarity to the TCPA litigation landscape.

Mark RooneyTCPA, ATDS