The State Of TCPA Litigation 1 Year After Marks V. Crunch

Law360 (September 19, 2019, 1:51 PM EDT) -- It was arguably the single most important decision in the already-incredible history of TCPA litigation. One year ago the U.S. Court of Appeals for the Ninth Circuit handed down a tightly worded 10-page opinion in Marks v. Crunch San Diego LLC that expanded the Telephone Consumer Protection Act to cover any dialer that calls from a stored list of numbers “automatically.”[1]

On the one year anniversary of this momentous occasion it seems fitting to pause and take stock of the decision, as well as to ruminate on the impact Marks has had over the last 365 days.

The Makings of A Highly Unlikely Decision...

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