Defendant Files Petition for Rehearing En Banc Before the Ninth Circuit Court of Appeals


In Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018), the Ninth Circuit gave us a new definition of an automatic telephone dialing system.  Crunch argues that in expanding the definition of an ATDS so broadly, the Ninth Circuit has essentially re-written the Telephone Consumer Protection Act (“TCPA”), “in a manner that directly conflicts with the statutory text, legislative history, and binding intracircuit and persuasive inter-circuit authority from the Third and D.C. Circuits regarding the definition of an “automatic telephone dialing system” (ATDS).”