Feb 06 2019

COSTA MESA, CALIF.—Womble Bond Dickinson telecom litigation attorney Artin Betpera has been cited in a Petition for Writ of Certiorari filed with the US Supreme Court.

The petition seeks review of the Ninth Circuit’s decision in Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. Sept. 20, 2018), regarding the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). In the case, the Ninth Circuit broke with other federal circuits in widely expanding the definition of an ATDS to include any device capable of automatically dialing stored telephone numbers (i.e., a typical cell phone).

The petition argues that the Ninth Circuit’s definition of an ATDS is far too broad. It quotes Betpera’s description of the Ninth’s Circuit’s reading of the statute as “excessive and expansive.”

Click here to read more on the Marks v. Crunch cert petition from attorney Erin Kubota at Womble Bond Dickinson’s TCPA Defense Force blog.

Artin Betpera is a partner and trial lawyer with a national practice principally representing financial services companies in high stakes litigation in federal and state courts, involving both class and individual claims. He has developed a particular focus on Telephone Consumer Protection Act litigation, but has significant experience in traditional commercial litigation, and regularly appears on behalf of some of the country’s most significant banks and financial institutions. He also manages and supervises a litigation team serving the firm’s clients across the state of California.