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?

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