Supreme Court of the United States · Official docket →
Day Pacer LLC, et al. v. Federal Trade Commission
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-3310, 24-1273, 24-1289 · judgment January 3, 2025
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a business petitioner.
Question presented
The Federal Trade Commission’s (FTC’s) Telemarketing Sales Rule (TSR) makes it an “abusive telemarketing act or practice” for a telemarketer to “[i]nitiat[e] any outbound telephone call” to a person whose number appears on the National Do Not Call Registry. 16 C.F.R. § 310.4(b)(1)(iii)(B). The TSR defines “outbound telephone call” to mean “a telephone call initiated by a telemarketer to induce the purchase of goods or services or to solicit a charitable contribution.” Id. § 310.2(x). Violations of the TSR give rise to substantial civil monetary penalties. In this case, petitioners were held liable for millions of violations of the TSR, and jointly and severally hit with a $28.7 million civil penalty, for allegedly initiating “outbound telephone calls” to individuals on the National Do Not Call Registry. It is undisputed that the accused phone calls were not initiated to induce the recipients to purchase any goods or services or solicit any charitable contributions. The Seventh Circuit agreed with the FTC, however, that the relevant regulatory definition’s express limitation to calls “to induce the purchase of goods or services or to solicit a charitable contribution” could be disregarded. The court of appeals instead held that, despite the regulatory definition, the calls at issue were “outbound telephone calls,” and thus violations of the TSR, because they were phone calls placed by telemarketers. The question presented is: Whether a telephone call by a telemarketer that is not initiated to induce the purchase of goods or services or solicit a charitable contribution is an “outbound telephone call” for purposes of the TSR.
Counsel of record
For petitioner
Ian Heath Gershengorn
Jenner & Block
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
24A1151
Order
Order list, October 6, 2025 · Certiorari denied
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 13 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 08 2025Waiver of right of respondent Federal Trade Commission to respond filed.
- Aug 01 2025Petition for a writ of certiorari filed. (Response due September 3, 2025)
- May 27 2025Application (24A1151) granted by Justice Barrett extending the time to file until August 3, 2025.
- May 22 2025Application (24A1151) to extend the time to file a petition for a writ of certiorari from June 4, 2025 to August 3, 2025, submitted to Justice Barrett.