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9th Circ. Offers Clarity On Intent Of TCPA, For Now

Law360 (September 28, 2018, 1:21 PM EDT) -- In a landmark case, Marks v. Crunch San Diego LLC, the Ninth Circuit published a remarkable decision with a well-reasoned interpretation of an automated telephonic dialing system, or ATDS, under the Telephone Consumer Protection Act . Reviving a class action suit brought by Jordan Marks against the gym chain Crunch San Diego LLC for sending unsolicited promotional text messages, the Ninth Circuit determined that the purpose of the TCPA is to protect consumers from devices that make automatic calls, including dialers that call automatically from a list of phone numbers.

The court began its analysis by providing a detailed explanation of...

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