Definition of ATDS Now at U.S. Supreme Court’s Doorstep, Crunch Files Petition for Writ of Certiorari

Back in September when the Ninth Circuit issued its Marks v. Crunch San Diego LLC, insideARM mentioned in its iA Perspective that if the Federal Communications Commission (FCC) did not act quickly to provide guidance on the Telephone Consumer Protection Act (TCPA) -- specifically on the definition of an automatic telephone dialing system (ATDS) -- then the U.S. Supreme Court might get the first stab. Well, all signs point toward Supreme Court review.

Yesterday, Crunch filed a petition for writ of certiorari with the Supreme Court, which is a request for the court to hear the case. The decision for the Supreme Court to review cases is not a right, but rather is at the Supreme Court’s discretion.

Editor’s Note: Here’s a fun piece of trivia. While we are all accustomed to calling this case Marks v. Crunch, the name of the case before the Supreme Court is now flipped to Crunch v. Marks due to the Supreme Court's naming mechanism and Crunch being the petitioner.