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Lucine Trim v. Reward Zone USA LLC, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-5517 · judgment August 8, 2023


Certiorari denied · January 16, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

The question presented is: Does the plain language of the Telephone Consumer Protection Act’s (“TCPA”) definition of an Automatic Telephone Dialing System (“ATDS”) at 47 U.S.C. § 227(a)(1), and this Court’s holding in Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), require a plaintiff to allege that telephone dialing equipment uses a number generator to generate the telephone numbers themselves, or does it merely require the use of a random or sequential number generator to store or produce telephone numbers to be called?

Counsel of record

For petitioner
Seyed Abbas Kazerounian
Kazerouni Law Group APC

For respondent
—

Case

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

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Order
Order list, January 16, 2024 · Certiorari denied

Proceedings

  1. Jan 16 2024
    Petition DENIED.
  2. Dec 27 2023
    DISTRIBUTED for Conference of 1/12/2024.
  3. Dec 06 2023
    Brief amici curiae of Wireless Research Services, LLC and Randy Snyder filed.
  4. Nov 06 2023
    Petition for a writ of certiorari filed. (Response due December 11, 2023)