Happy Thanksgiving week TCPAland!
Well we know you’re still probably stuffed from the big TRACED Act news from Friday, but your TCPA feast is far from over my friends.
Today we’re happy to drop our 25th Ramble edition–found here— and its heavier than a sweet potato casserole with all the fixins.
First, we walk through all the huge recent TCPA developments, starting with a breakdown of the showdown over the Separation of Powers doctrine that is playing out before our very eyes. Indeed 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! This has huge ramifications far beyond the TCPA and we explain why Kavanaugh’s Supreme Court is likely using the TCPA as a pawn to drive toward big Chevron deference change–just as David Carter predicted!
But that’s just one of the week’s big developments. We also saw the big Good 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-ACA, and we saw another big win for LiveVox’s HCI product.
But let’s hope that you still have room for desert because we’ve got a wonderful interview for you this week– Ian Ballon– Co-Chair of Greenberg Taurig’s Global Intellectual Property and Technology Practice– who was lead counsel for Defendant in Marks v. Crunch. That’s right–the guy who defended Crunch in the suit that resulted in the seminal ATDS decision of 2018 joins us to break down the decision from his perspective.
Most importantly, as we reported last week, he confirmed to us that, as suspected, defendant Crunch Gym will be seeking cert. of the Marks decision to the United States Supreme Court.
We break down all of the grounds for the cert. bid and Ian shares all of his thoughts as to why he believes Marks was wrongly decided. (Fair warning: there are many, many reasons.) Listening to this interview is great catharsis for anyone frustrated with the Marks decision or the uncertain state of TCPAland generally.
Hope you enjoy the Ramble and–more importantly–Happy Thanksgiving again TCPAland!