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Face Off: Marks Lead Attorney Abbas Kazerounian Squares off with the Czar on the Latest Ramble Podcast to Discuss the Impact of Marks and the Future of TCPAland (w/ Pics!)

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He was already the Godfather of TCPA class actions, and now he’s the man that brought TCPAland arguably the most impactful TCPA ruling in history– Marks v. Crunch. Abbas Kazerounian–lead counsel for Appellant Marks–joins the Ramble podcast today IN STUDIO to discuss the ruling and its impact on TCPAland.

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Abbas is always a great interview, and he was in rare form today.  He explains why he decided to see the case through despite dozens of phone calls from attorneys urging him to drop the case–after all, with a conservative panel and a limited margin for victory why risk a terrible ATDS ruling from a circuit court of appeal post ACA Int’l? But as Abbas explains matters, he just had a “feeling” after oral argument that the judges were going to go his way. And boy did they.

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The interview is riveting, revealing and–at times–hilarious. He has us vacillating between near-hysterical laughter and virtual incredulity.

Artin Laughing

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Abbas drops a couple of interesting tid bits for future consideration:

The ultimate ruling of the panel was based upon an argument that wasn’t made.

Abbas Kazerounain on the Ramble. Record date 9/27/18

Hmmm.

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And then there’s this answer to the question I posed on Friday as to whether district courts have to follow Marks or a contrary FCC ruling:

“If there’s a final declaratory ruling that is not appealed….The Hobbs Act rules. The district court has to follow the final declaratory ruling.”

Abbas Kazerounain on the Ramble. Record date 9/27/18

That’s a good one to keep in mind for later.

Black and white Eric and Abbas

In gauging the legacy of the decision he says:

“Since Satterfield this is the most significant TCPA decision in TCPA jurisprudence.”

Abbas Kazerounain on the Ramble. Record date 9/27/18

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We also covered the following:

-learn how the Marks case arose out of 3 texts

-whether he expects there to be an en banc appeal or a cert petition to the Supremes;

-what he expects to happen next at the district court level

-why the Keyes appeal may not be moving forward after all

-plus you get to hear what Todd Friedman told him the morning he found out about the big win.

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We also cover the new Meza case staying a TCPA case pending the outcome of the Gallion First Amendment challenge to the Ninth Circuit.

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The big podcast interview with Abbas will be available here next Tuesday, October 2, 2018.  You won’t want to miss it.

 

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