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En Banc 11th Circuit Joins Sister Circuits, Deeming One Text Message Enough for TCPA Standing

Once an outlier, the 11th U.S. Circuit Court of Appeals recently joined seven of its sister Circuit Courts in holding that receipt of a single, unwanted text message constitutes the concrete injury required for standing in...more

Trial Court Rejects DOJ Antitrust Division’s No-Poach Legal Theory and Acquits Defendants

On April 28, 2023, the Department of Justice Antitrust Division suffered another setback to its expanded criminal prosecution of no-poach agreements. The trial court in United States v. Patel, et al., granted a motion to...more

TCPA Defendants Defeat Class Certification, Novel Autodialer Arguments; Lose Supreme Court Bid

The 7th U.S. Circuit Court of Appeals recently served up a defense victory by ruling that defendants do not carry the burden of proof at class certification, even on issues where defendants would bear the burden on the...more

TCPA Standing: A New Circuit Split and Other Developments

Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is...more

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