No. 24A1151

Day Pacer LLC, et al. v. Federal Trade Commission, et al.

Lower Court: Seventh Circuit
Docketed: 2025-05-27
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: do-not-call-registry FTC-enforcement outbound-telephone-call plain-language statutory-interpretation telemarketing-sales-rule
Latest Conference: N/A
Question Presented (from Petition)

Whether the Seventh Circuit correctly interpreted the Telemarketing Sales Rule's definition of "outbound telephone call" under 16 C.F.R. § 310.2(x) by holding that any telephone call placed by a "telemarketer" constitutes an "outbound telephone call" regardless of whether the call was initiated to induce the purchase of goods or services or to solicit a charitable contribution.

Question Presented (AI Summary)

Whether the Telemarketing Sales Rule's definition of 'outbound telephone call' requires that a call be made with the intent to induce the purchase of goods or services or solicit a charitable contribution, or whether any call made by a person meeting the definition of 'telemarketer' constitutes a prohibited outbound telephone call regardless of the call's purpose

Docket Entries

2025-05-27
Application (24A1151) granted by Justice Barrett extending the time to file until August 3, 2025.
2025-05-22
Application (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.

Attorneys

Day Pacer LLC, et al.
Ian Heath GershengornJenner & Block, Petitioner
Federal Trade Commission
D. John SauerSolicitor General, Respondent