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Pennsylvania Higher Education Assistance Agency v. Susan Allan, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-2043 · judgment July 29, 2020


GVR'd · April 19, 2021
Pre-decision estimate: 29% cert probability (95% interval 17%–43%)

Before the decision, about 6.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a state or local-government petitioner, and a circuit split argued in the petition, and down for a petition filed soon after the judgment below.

Question presented

In Facebook, Inc. v. Duguid, No. 19-511 (U.S. granted July 9, 2020), this Court granted certiorari to determine whether the definition of an “automatic telephone dialing system” (“ATDS”) in the Telephone Consumer Protection Act of 1991 (“TCPA”) encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential number generator.” 47 U.S.C. §227(a). This case presents the same question. The question presented is: Whether the definition of ATDS in the TCPA encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential number generator.”

Counsel of record

For petitioner
George William Hicks Jr.

For respondent
Adam Theodore Hill
Seyfarth Shaw LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Order
Order list, April 19, 2021 · Summary disposition

Proceedings

  1. May 21 2021
    JUDGMENT ISSUED.
  2. Apr 19 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Facebook, Inc. v. Duguid, 592 U. S. ___ (2021).
  3. Apr 12 2021
    DISTRIBUTED for Conference of 4/16/2021.
  4. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  5. Feb 18 2021
    Response to petition from respondents Susan Allan, et al. filed.
  6. Jan 25 2021
    Response Requested. (Due February 24, 2021)
  7. Jan 13 2021
    DISTRIBUTED for Conference of 2/19/2021.
  8. Nov 20 2020
    Petition for a writ of certiorari filed. (Response due December 28, 2020)