Ninth Circuit Says No to Marks Revisit En Banc

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The United States Court of Appeals for the Ninth Circuit has declined a chance to revisit its 2018 decision in Marks v. Crunch San Diego, LLC that an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (TCPA) includes a device that “stores telephone numbers to be called, whether or not those numbers have been generated by a random or sequential number generator.”