October 17, 2021

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Banc Robbery! Crunch’s Petition for Re Hearing En Banc Denied by Ninth Circuit in Marks

Breaking news on the infamous Marks v. Crunch San Diego, LLC case that rewrote the definition of an automated telephone dialing system (“ATDS”) to include devices that have the capacity to store numbers to be dialed (i.e. your cell phone).

Today, the Ninth Circuit denied Appellant Crunch San Diego, LLC’s (“Crunch”) Petition for Rehearing and Petition for Rehearing En Banc.

The full Ninth Circuit was advised of the Petition for Rehearing – which was also supported by an Amicus Brief from the Association of Credit Collection Professionals (“ACA Int’l”) and Sirius XM.

No Judge requested a vote on whether to rehear the matter en banc. See Fed. R. App. P. 35(f).

The big questions now are whether we will see Crunch file a petition for writ of certiorari to the United States Supreme Court, and will that petition be filed before the FCC Rules on whether to adopt the Marks definition of an ATDS?

Copyright © 2021 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume VIII, Number 303
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About this Author

Nadia Adams, Womble Dickinson Law Firm, Los Angeles, Litigation Law Attorney
Attorney

Nadia Darkazalli Adams is a skilled trial lawyer and business litigator who drives outstanding results for the firm’s clients in state and federal civil litigation. A former prosecutor, Nadia is a tenacious and powerful courtroom advocate.  She has tried more than forty bench and jury trials, prosecuting violent crimes and sex offenders in the process. This experience makes her driven and direct in the pursuit of her clients’ interests, but she never loses sight of her clients’ specific needs.  She delivers clear-cut and reliable advice at every phase of litigation.  ...

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