I know we already track TCPA ATDS decisions on our rolling ATDS review on a daily basis, but I thought it would be useful to provide a quick visualization.
As you can see, since Marks was decided 14 district court decisions have departed from its rationale and followed the statutory definition. Four district courts outside the Ninth Circuit have followed Marks. And four courts have continued to apply the 2003 and 2008 predictive dialer rulings for some reason.
Ranking the field, the friendliest Circuit Court of Appeal for TCPA defendants litigating ATDS issues has been the Seventh Circuit–with the N.D. Ill. proving the most defense-friendly of any district in the nation. (A complete 180 degree from just a few months ago when litigating in the N.D. Ill. was among the most difficult tasks a TCPA defendant could ask for.)
You know this is leading somewhere. And it is.
More to come TCPAWorld.