Topic
Autodialing
155 published works
Consumer Finance Monitor
Ninth Circuit case on TCPA autodialer definition settles: what does it mean?
In September 2018, in Marks v. San Diego Crunch, a unanimous Ninth Circuit three-judge panel held that the TCPA’s definition of an automatic dialing system (ATDS) includes telephone equipment that…
Workplace Privacy, Data Management & Security Report
The Circuit Split Over the Definition of ATDS Under the TCPA Continues
By Jason C. Gavejian, Maya Atrakchi
When the Telephone Consumer Protection Act (TCPA) was enacted in 1991, most American consumers were using landline phones, and Congress could not begin to contemplate the evolution of the mobile…
Media & Privacy Risk Report
TCPA Case Law Review (Vol. 7)
By Blaine C. Kimrey, Bryan K. Clark
As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to…
Consumer Finance Legal Report
Ninth Circuit Interprets Automatic Telephone Dialing System Under TCPA, Leaving Circuit Split
The Ninth Circuit recently denied a motion for rehearing en banc in Marks v. Crunch, leaving in place a Ninth Circuit decision that broadly defines “automated telephone dialing system” (autodialer)…
Consumer Protection Review
Ninth Circuit Interprets Automatic Telephone Dialing System under TCPA, Leaving Circuit Split
The Ninth Circuit recently denied a motion for rehearing en banc in Marks v. Crunch, leaving in place a Ninth Circuit decision that broadly defines “automated telephone dialing system” (“autodialer”)…
Eye On Privacy
Ninth Circuit Opens Door for More Expansive Meaning of ATDS in TCPA Cases
By David Poell
In the recent case of Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018) the Ninth Circuit broadly interpreted the TCPA’s definition of automatic telephone dialing system…
Class Action & Mass Torts
Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)
By David Poell, Lisa Yun Pruitt, Shannon Petersen
Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or…
Privacy and Cybersecurity
Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)
By David Poell, Lisa Yun Pruitt, Shannon Petersen
Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or…
Class Defense Blog
Ninth Circuit creates circuit split on what counts as an autodialer under the TCPA
By Archis A. Parasharami, Kevin Ranlett, Adam Hudes
The key question in many Telephone Consumer Protection Act lawsuits is whether the equipment used to call the plaintiff constitutes an autodialer—that is, an “automatic telephone dialing system” or ATDS—within…
Media & Privacy Risk Report
TCPA Case Law Review (Vol. 5)
By Blaine C. Kimrey, Bryan K. Clark
Since our last TCPA update at the end of August, the biggest news has obviously been the Marks v. Crunch case – you can read our thoughts on that case…