BREAKING TCPA NEWS: Defense Counsel in Marks v. Crunch Confirms to Ramble Podcast that It Will Seek Cert to the U.S Supreme Court Citing Circuit Split on ATDS Definition

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Well we just wrapped our most jammed-packed edition of the Ramble yet.

Wow what huge developments we’ve seen this last week. We saw the big Reyes decision in Few get reversed, we saw the first district court case to recognize that a caller can rely on the consent of a former subscriber when a number changes hands without consent Post-ACAand we saw another big win for LiveVox’s HCI product.

Most importantly we saw the entire framework of FCC TCPA Order deference under the Hobbs Act get called into question when the U.S. Supreme Court granted cert. to answer the question of whether or not district courts really have to defer to the FCC after all. Holy smokes!

To add to all of that, the Ramble team just interviewed Ian Ballon– Co-Chair of Greenberg Taurig’s Global Intellectual Property and Technology Practice– who was lead counsel for Defendant in Marks v. Crunch. He confirmed to us that, as suspected, defendant Crunch Gym will be seeking cert. to the United States Supreme Court. 


Ian Ballon

Wow! That’s big news and the Ramble is happy to share it with all of you.

The basis for the cert. petition will be a split between the Ninth and the Third Circuit on the definition of ATDS, and also due to the Ninth Circuit’s definition in Marks being inconsistent with the D.C. Circuit Court of Appeal’s own ruling in ACA Int’l. You’ll just have to listen to the interview to find out why. 😉

Indeed, the interview with Ian was fantastic. He broke down all of the reasons why (he believes) the Ninth Circuit panel got it wrong in Marks. You’ll walk away from the interview with the firm conviction that the appeal is in good hands–I know I did.

Ian also provides excellent counterpoints to the narrative advanced by Abbas Kazerounian–the Plaintiff’s lawyer in Marks– when he joined the Ramble podcast a few weeks back. I highly recommend you listen to both podcast interviews back to back to get the full immersive Marks experience.

The interview will be found here next Tuesday, November 20, 2018.  You won’t want to miss it.


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