February 1, 2019

Gym Seeking Supreme Court Review in TCPA Suit

TCPA Suit Review

Crunch San Diego LLC allegedly sent text messages to customers using an autodialer in violation of the Telephone Consumer Protection Act (TCPA). However, the gym chain has requested that the Supreme Court decide whether the Ninth Circuit was in error for expanding the definition of autodialer to uphold the class action suit.

According to the company, the definition of autodialer used by the Ninth Circuit directly conflicts with the TCPA. The Ninth Circuit rewrote the law, claiming that an autodialer can store numbers or produce numbers using a random generator. According to the statute, an autodialer can store or produce phone numbers using a random or sequential number generator. The company claims that “basic rules of grammar and punctuation reinforce that commonsense conclusion,” that those two statements do not have the same meaning.

Crunch upholds that their case should be reviewed by the Supreme court as the Ninth Circuit’s decision using their definition of an autodialer conflicts with rulings made by the Third Circuit and the D.C. Circuit. The request for review comes after a decision made in June where the Third Circuit did not revive a suit against Yahoo, accused of violating the TCPA, as the plaintiff failed to show that the equipment used by Yahoo matched the definition of an autodialer. According to Crunch, Yahoo was not fined as, like Crunch’s system, their equipment did not send messages to random numbers.

Abbas Kazerounian, attorney for plaintiff Jordan Marks, stated that “We believe stat the Ninth Circuit got it right and we will absolutely oppose the cert petition by Crunch.”

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