BREAKING: Ninth Circuit Reverses in Marks v. Crunch Appeal. Holds ATDS Includes Device That Stores Telephone Numbers to Be Called, Regardless of Random or Sequential Number Generation

The Marks v. Crunch appeal was just published a moment ago, and the Ninth Circuit has weighed in on the definition of an ATDS. Held: [T]he statutory definition of ATDS includes a device that stores telephone numbers to be called, whether or not those numbers have been generated […]

Tracking the Trend: Court Holds Defendants Not Required to Allege Plaintiff’s Article III Standing in Removing TCPA Case From State Court

We’re closely tracking the recent trend involving plaintiffs’ use of their lack of Article III standing as a basis to avoid federal jurisdiction. Last week we reported on a case in the Northern District of California that was remanded based on the plaintiff’s argument that the defendant could […]

The Fight of His Life: Interview With Business Owner Hit With Devastating $12.5M Personal Judgment for Technical Violation of TCPA Fax Rules Now Available on Episode 18 of the Ramble

As reported last week, we had a very special interview on the Ramble with Gene Kalsky, CEO of Gen-Kal Pipe & Steel Corporation.  Mr. Kalsky is the self-made businessman who was slapped with a $12,500,000 judgment for a seemingly technical violation of the TCPA’s fax rules.  That interview is […]