COSTA MESA, CALIF.—The California-based Ninth Circuit has become a hotbed for Telephone Consumer Protection Act litigation, and as a result, the Ninth Circuit Court of Appeals has seen its share of landmark cases that have shaped how TCPA issues are framed all around the nation. One of the court’s most important recent decisions, Marks v. Crunch San Diego, LLC, directly addressed the definition of an automatic telephone dialing system (ATDS)—an issue at the heart of the TCPA.
Womble Bond Dickinson attorneys Artin Betpera and Susan Nikdel have written a new article about the Ninth Circuit’s increasing importance in TCPA litigation circles for the Daily Journal. They pay particular attention to Marks and how it has impacted the question of “What exactly is an ATDS?”
“This is one of the most heavily litigated legal questions under the TCPA,” Betpera and Nikdel write. “Marks v. Crunch San Diego, LLC…was the first case in the nation in which a circuit court directly held that all of the FCC’s prior ATDS rulings were no longer valid as a result of ACA International, but that the statutory definition of the term still encompassed modern dialing technology.”
In Marks, the Ninth Circuit took an expansive interpretation, ruling that an ATDS could be any device that can store, produce and automatically dial telephone numbers. Betpera and Nikdel write that this decision established that modern dialing technology is, in fact, governed by the TCPA, which was adopted into law in pre-smart phone 1991.
“California and the Ninth Circuit more broadly have proven to be a wellspring of judicial opinions that have broadly impacted important federal laws, and the TCPA is no exception,” Betpera and Nikdel write. “With ‘robocalls’ receiving increased public attention and driving more and more litigation, chances are this trend is likely to continue well into the future.”
Click here to read “Ninth Circuit’s Influence Over TCPA Jurisprudence is Growing” by Artin Betpera and Susan Nikdel in the Daily Journal (subscription required).
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.
Susan Nikdel practices business litigation with a focus in commercial and financial services defense. Susan is part of a nationwide team with broad experience defending some of the nation’s largest and most influential financial institutions against complaints involving the Telephone Consumer Protection Act, and other consumer protection statutes.