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Article III Telecommunications Text Messages

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

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The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Doubles Down on Drazen II, Applies It to FTSA

A single text is sufficient to establish standing for purposes of the Florida Telephone Solicitation Act (FTSA), the Eleventh U.S. Circuit Court of Appeals recently held in an unpublished per curiam opinion, doubling down on...more

Manatt, Phelps & Phillips, LLP

Can a Minor Provide Consent for TCPA Calls?

The owner and subscriber of a cellphone listed on the National Do Not Call Registry has Article III standing to bring claims under the Telephone Consumer Protection Act (TCPA) for unsolicited calls or text messages directed...more

Kilpatrick

TCPA: Reversing panel decision, full Eleventh Circuit finds single text message sufficient to establish TCPA standing

Kilpatrick on

Takeaway: In Drazen v. Pinto, 74 F.4th 1336 (11th Cir. 2023) (en banc), the Eleventh Circuit held a single “unwanted, illegal” text message sufficient to establish concrete injury for standing purposes. This holding...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

Womble Bond Dickinson on

In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Benesch

Ninth Circuit Expands Article III Standing For TCPA Claims

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In the intricate and often convoluted realm of TCPA litigation, the Ninth Circuit’s recent decision in Hall v. Smosh Dot Com, Inc. stands as a beacon, illuminating the complexities of Article III standing and the implications...more

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Agrees to Rehear Notable Decision

The Eleventh U.S. Circuit Court of Appeals has agreed to an en banc review of a notable decision issued last July with respect to Article III standing for purposes of a Telephone Consumer Protection Act (TCPA) lawsuit. The...more

Kilpatrick

Eleventh Circuit grants en banc review to resolve controversial TCPA standing ruling

Kilpatrick on

We have written about the Eleventh Circuit’s controversial ruling in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019). See Eleventh Circuit reinvigorates Spokeo in single text message TCPA case (Sep. 11, 2019). In Salcedo,...more

Manatt, Phelps & Phillips, LLP

Florida Federal Court Sua Sponte Raises Standing Concerns in TCPA Case

In a victory for a Telephone Consumer Protection Act (TCPA) defendant, a Florida federal court judge sua sponte found that a plaintiff lacked standing to bring the case. ...more

Manatt, Phelps & Phillips, LLP

Single RVM Insufficient to Establish Standing for TCPA Suit

Does the receipt of a single ringless voicemail (RVM) create federal Article III standing for a Telephone Consumer Protection Act (TCPA) suit? No, an Ohio federal court has ruled, finding that the plaintiff failed to allege...more

Manatt, Phelps & Phillips, LLP

Third, Fifth Circuits Weigh In on Standing—With Different Results

Two different federal appellate panels recently reached diverging conclusions on the question of whether a single phone call or a single text provides a sufficient injury in fact for an individual to establish standing to sue...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Disagrees with Ninth Circuit and Joins the Third and Eleventh Circuit in Adopting a Narrow Interpretation of ATDS

In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more

Polsinelli

Chirp, Buzz, Blink: How the Eleventh Circuit Brought New Life to Challenging Injury Claims in TCPA Class Actions

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The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (“TCPA”) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class...more

Womble Bond Dickinson

Petition for En Banc Review Filed in the Eleventh Circuit Following Pivotal TCPA Standing Suit

Womble Bond Dickinson on

As we previously reported, the Eleventh Circuit recently held that receiving a single, unsolicited text message does not constitute the harm necessary to achieve Article III standing in a Telephone Consumer Protection Act...more

Bradley Arant Boult Cummings LLP

One Spam Text Does Not Confer Standing in the Eleventh Circuit

One unwanted text message does not confer standing in federal court in the Eleventh Circuit — so holds the court in Salcedo v. Hanna. The case confirms that one text message is qualitatively, and jurisprudentially, different...more

Ballard Spahr LLP

11th Circuit Splits From Ninth Circuit on Text Message-Based TCPA Claims

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In Salcedo v. Hanna, the U.S. Court of Appeals for the 11th Circuit held that a TCPA plaintiff lacked standing to pursue a claim based on the alleged receipt of a single, unsolicited text message....more

Alston & Bird

Eleventh Circuit Sends a Message: One Text is Not Enough for TCPA Standing

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A&B Abstract: Receiving a single, unsolicited text message is not enough to establish Article III standing to sue under the Telephone Consumer Protection Act (“TCPA”), the Eleventh Circuit held in Salcedo v. Hanna. ...more

Saul Ewing LLP

11th Circuit Finds Receipt Of A Single Unsolicited Text Message Fails To Confer Article III Standing Under The TCPA

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In Salcedo v. Hanna, No. 17-14077 (11th Cir. Aug. 28, 2019), the 11th Circuit considered whether receipt of a single unsolicited text message was sufficient to confer Article III standing to sue for a violation of the...more

Sheppard Mullin Richter & Hampton LLP

One “Chirp, Buzz, Or Blink” Is Not Enough To Sue Under The TCPA

A recent decision by the Eleventh Circuit will make it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (TCPA). In Salcedo v. Hanna, et al., Case No. 17-14077, 2019 U.S....more

Ballard Spahr LLP

Second Circuit Holds Receipt of Unwanted Text Messages, Even Without Other Alleged Harm, Confers Standing for TCPA Claims

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Joining similar decisions from the U.S. Courts of Appeals for the Third and Ninth Circuits, the Second Circuit held in Melito v. Experian Marketing Solutions, Inc., that the receipt of unwanted text messages, even without any...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Rules Telemarketer’s Single Unanswered Call Creates Article III Standing

A single missed call from a telemarketer constitutes a concrete injury that gives rise to standing, a federal district court in California has ruled. In Shuckett v. DialAmerica Marketing, Inc., 2019 U.S. Dist. LEXIS 29598...more

Robinson+Cole Data Privacy + Security Insider

Judge Finds Standing Based on Spokeo in TCPA Class Action

Last week, on March 22, 2017, U.S. District Judge Marcia G. Cooke, a Florida federal judge, determined that Ray Mohamed had standing in his proposed class action against Off Lease Only Inc. (Off Lease) for alleged violations...more

Burr & Forman

Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

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The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van...more

Robins Kaplan LLP

Van Patten V. Vertical Fitness Is No TCPA Killer

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The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more

Smith Debnam Narron Drake Saintsing & Myers,...

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

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