So a couple weeks back TCPAWorld broke the news of a massive ruling in the Second Circuit Court of Appeals limiting the reach of the TCPA by narrowly interpreting the statute’s critical automated telephone dialing system (ATDS) definition:

While the ruling seemed to cement the “only dialers that randomly create telephone numbers are ATDS” line of cases as the predominant line nationwide, it could not be overlooked that the reasoning seems to contradict the language of the U.S. Supreme Court ruling in Facebook.

Well the Plaintiff in that suit has filed a brief seeking en banc review–that’s basically like an appeal of an appellate ruling to all of the judges in the circuit. It is a step before seeking Supreme Court review.

Remains to be seen if leave here is granted. Although rare, en banc review seems to happen quite a bit in TCPAWorld. The stakes are so high that courts often reluctantly review these matters.

This one is a real close call so it will be interesting to see what the Second Circuit does here.

The brief seeking review is here: En Banc Brief