Communications Litigation Today was a Warren News publication.

SCOTUS Denies Cert to Petitioner Who Challenged 9th Circuit’s ATDS Interpretation

The U.S. Supreme Court denied cert to plaintiff-appellant Lucine Trim in her Telephone Consumer Protection Act dispute with Reward Zone, said the court’s order list Tuesday. Trim’s petition (docket 23-495) had sought to reverse the 9th Circuit’s affirmation of the district court’s dismissal of her complaint. She had argued that after the 2021 SCOTUS opinion in Facebook v. Duguid, a “plethora” of courts have attempted to interpret the definition of an automatic telephone dialing system (ATDS) under the TCPA in the context of Facebook’s holding (see 2311140002). She further argued that her petition gave SCOTUS the perfect opportunity to clean up the “mess” of varying ATDS interpretations that resulted after Facebook.