Stay Sought in 9th Circuit’s TCPA Decision to Enable SCOTUS Review

Porch.com seeks to stay the mandate of the 9th Circuit U.S. Court of Appeals ruling Oct. 12 that found 51 home improvement contractors were entitled to Telephone Consumer Protection Act relief for the company’s unwanted text messages (see 2210130080) to allow for the filing of a petition for writ of certiorari to the Supreme Court, said its motion Wednesday (docket 20-35962). Good cause exists for the stay because the intended petition “will present substantial questions worthy of review,” said the motion. Porch.com argues that the 9th Circuit decision broadly allows anyone who owns a cellphone, whether for residential or business purposes, to sue under the TCPA, and “opens the floodgates to more TCPA litigation,” a statute “already plagued by abuse.”