March 27, 2023

Volume XIII, Number 86


March 24, 2023

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TCPA ATDS CIRCUS CONTINUES: “Borden was wrongfully decided and conflicts with Supreme Court authority”– New Petition to the Ninth Circuit Urges En Banc Review of ATDS Issues

Real quick folks, as I reported a while back the new Borden decision is a real departure from the Facebook ruling and a possible TRAP of epic proportions: TCPAWORLD AFTER DARK: Why the Ninth Circuit’s Borden Ruling Might be the BIGGEST TCPA TRAP Of All Time.

Well in a new filing to the Ninth Circuit a group of Plaintiff’s lawyers is urging the Ninth Circuit to reconsider the ruling en banc:

The confluence of these multiple inapposite orders – Borden, Brickman,
Facebook, and Panzarella, demonstrate that Borden conflicts with United States
Supreme Court authority, that consideration by a full en banc panel is necessary to
secure and maintain uniformity of this Court’s decisions, and that the interpretation
of ATDS following Facebook involves a developing and important question of law
that is currently seeing a great deal of appellate activity.

You can read the full petition here: En Banc Brief

If the Ninth Circuit grants the petition then the ATDS definition could be re-written again. Obviously a lot at stake here. We will keep an eye on this.

© 2023 Troutman FirmNational Law Review, Volume XIII, Number 33

About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA

Eric J Troutman is known as one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...