While the shockwaves from last Thursday’s ruling in Marks v. Crunch San Diego are still rippling through the collections industry, more companies are now turning back around to face the horizon, wondering how the ruling will affect other cases in other regions of the country.
The Ninth Circuit Court of Appeals, which ruled on Marks, covers much of the Western portion of the United States, including California. By looking at how courts in other jurisdictions have interpreted the Telephone Consumer Protection Act, TCPAland.com has developed hypotheses about how courts in the other Circuits will apply the ruling in Marks. Already, it’s been noted that the ruling from the Ninth Circuit contradicts an earlier ruling from the Third Circuit Court of Appeals, which could possibly lead to the Supreme Court being asked to weigh in on what defines an automated telephone dialing system once and for all. With the split, and looking at other cases that have been decided, the lawyers from Womble Bond Dickinson who run TCPAland have gone circuit by circuit, predicting how each court will apply the ruling in Marks.
Perhaps surprisingly, most circuits are likely to ignore the ruling in Marks rather than follow it, according to TCPAland. Only the Tenth Circuit Court of Appeals, which covers Kansas, Colorado, New Mexico, Oklahoma, Wyoming, and Utah, is likely to follow the Ninth Circuit’s ruling. The remaining circuits will likely ignore their brethren from the Ninth Circuit, TCPAland predicts.
Click here for TCPAland’s circuit-by-circuit breakdown.