Ninth Circuit jolts Crunch TCPA case back to life
Ripple Effect
Back in March, the D.C. Circuit trimmed back a 2015 Federal
Communications Commission (FCC) order that expanded the scope of
the Telephone Consumer Protection Act (TCPA). ACA International
v. FCC struck down the commission's broad definition of
autodialer, pinching the definition of an autodialer by excluding
systems with a mere theoretical capacity to place autodialed
calls.
That ruling's effects continue to be felt. First, the Third
Circuit put a long-disputed class action to rest with a June decision, and now the Ninth Circuit has
revived a class action that was put to sleep by the Southern
District of California in 2014.