Well folks, I assume I made all the difference here.
As we’ve been reporting, there is a massive and ongoing split between the Circuit Courts as to the proper definition of ATDS.
Back in October of last year Facebook sought review of the issue by the U.S. Supreme Court in a fantastic petition for cert. The petition has been on hold ever since pending the SCOTUS review in Barr.
Earlier this week Facebook submitted a supplemental brief in favor of SCOTUS review citing, inter alia, me!
With this additional authority in hand, it only took a day for the Supreme Court to grant Facebook’s petition. This means the Supreme Court will now squarely determine what the scope of the TCPA’s ATDS definition is for all of TCPAWorld.
It just happened today when I stopped paying attention. Ha.
This is HUGE. Will the Supremes determine that the TCPA only applies to random-fired calls? OR will it confirm the Marks approach and hold that all automated calls are subject to the statute? The fate of the TCPAWorld is literally to be determined.
Check it out: