Ninth Circuit hears oral argument in TCPA class action against national fitness franchise

The Ninth Circuit considers the scope of the TCPA, highlighting the dynamic nature of interpretations of the statute, and the need for businesses to ensure that they are TCPA-compliant when contacting consumers directly. The case may clarify the definition of an "Automatic Telephone Dialing System" under the TCPA and provide additional guidance to consumer-facing businesses seeking to avoid the threat of costly class action litigation under the TCPA. We provide an analysis in our latest Class Action Alert found here.