Over the past several years, the TCPA (Telephone Consumer Protection Act) has been challenged in court with mixed rulings that gave hope that the law would finally catch up to changes in society that have made mobile devices the sole means of contact for over 50% of Americans. Unfortunately, the Ninth Circuit has just published its opinion on the matter Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018) and has chose to make the most extreme of rulings we now have a new definition of an ATDS (Automatic Telephone Dialing System) in the Ninth Circuit. It is:
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