Gym Operator Crunch San Diego LLC Seeks Supreme Court Review of ATDS Case

Supreme Court decision would bring clarity to the definition of an ATDS.

1/31/2019 2:30 PM

NewsTCPAIndustry Advancement Program
Gym Operator Crunch San Diego LLC Seeks Supreme Court Review of ATDS Case

On Jan. 28, Crunch San Diego LLC, the defendant in a complex Telephone Consumer Protection Act case that currently has circuit courts split on what qualifies as an automatic telephone dialing system (ATDS), filed a petition for writ of certiorari seeking the U.S. Supreme Court’s review.

In November, Crunch asked the U.S. Court of Appeals for the Ninth Circuit to stay its recent ruling on the definition of an ATDS so it could file the petition for the U.S. Supreme Court to hear the case, Marks v. Crunch San Diego, LLC.

As previously reported by ACA International, a three-judge Ninth Circuit panel recently ruled that “the statutory definition of an ATDS includes a device that stores telephone numbers to be called, whether or not those numbers have been generated by a random or sequential number generator.” Following the ruling, Crunch filed a Petition for Rehearing En Banc to the entire Ninth Circuit, which was subsequently denied. In light of the ongoing confusion over the meaning of automatic telephone dialing systems, which has for years created uncertainty and compliance burdens on ACA International’s members, ACA submitted an amicus curiae (“friend of the court”) brief with the Ninth Circuit arguing that “[t]he statute’s text and context confirm that ‘using a random or sequential number generator’ is an integral, not an optional or alternative, part of the definition” of an ATDS.

ACA International’s efforts to proactively support the accounts receivable management industry are part of the association’s Industry Advancement Program, and are made possible by funding through ACA’s Industry Advancement Fund. ACA will continue to follow the Marks case and will keep its members posted on any new developments. 

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