Appellants Oppose Motion to Stay TCPA Case Pending SCOTUS Review
Plaintiff-appellants oppose the motion by defendant-appellee Porch.com for the 9th Circuit U.S. Court of Appeals to stay the mandate, pending Supreme Court review, of its decision on violations of the Telephone Consumer Protection Act that blurs the lines between residential and business phone numbers in such cases (see 2210130080). There’s no “reasonable probability that cert will be granted” by the high court in the case, said their opposition Monday (docket 20-35962). There's no Circuit split and no constitutional issue at play in the decision, they said. “Thus, there cannot be cert on that basis. Nor is there any other issue of great significance that would lead the Supreme Court to take the issue.” The case has been on appeal for more than two years, they said: “Appellants are entitled to their day in court. And the public is entitled to know that these types of calls will stop.”