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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: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

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)