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:
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.