News & Analysis as of

Injury-in-Fact Telecommunications Telephone Consumer Protection Act

Troutman Pepper

Speak for Yourself: Court Denies Class Certification in TCPA Case Based on Class Members’ Potentially Mixed Reactions to Ringless...

Troutman Pepper on

On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Reverses Position on Standing, Single Text Sufficient

A unanimous en banc Eleventh U.S. Circuit Court of Appeals reversed the court’s prior precedent and ruled that the receipt of a single text message is sufficient to establish Article III standing for purposes of a Telephone...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

McGuireWoods LLP

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

McGuireWoods LLP on

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

Benesch

Ninth Circuit Expands Article III Standing For TCPA Claims

Benesch on

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

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

King & Spalding

Supreme Court Declines to Resolve Circuit Split on TCPA Standing

King & Spalding on

On December 16, 2019, the Supreme Court denied DISH Network’s petition for certiorari seeking to overturn a $61 million judgment for Telephone Consumer Protection Act (“TCPA”) violations based on telemarking calls made to...more

Seyfarth Shaw LLP

Supreme Court Declines to Overturn Landmark TCPA Jury Verdict

Seyfarth Shaw LLP on

On December 16, 2019, the United States Supreme Court declined to review Krakauer v. Dish Network LLC, thus leaving unresolved a circuit split regarding Article III standing under the Telephone Consumer Protection Act...more

Polsinelli

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

Polsinelli on

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

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

Ballard Spahr LLP on

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

Alston & Bird on

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

Saul Ewing LLP on

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

Nelson Mullins Riley & Scarborough LLP

The Suspense of Standing After Spokeo

The court’s opinion in Shuckett v. DialAmerica Marketing, Inc., reads like a suspenseful short story, pulling the reader into a mystery as the law and the evidence unfolds—the mystery being whether or not Shuckett was aware...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Fenwick & West LLP

The Third Circuit Holds That A TCPA Violation Alone Is Sufficient To Establish Standing

Fenwick & West LLP on

The U.S. Court of Appeals for the Third Circuit has held that allegations that a customer received a single, unauthorized prerecorded sales voice mail on her cell phone in violation of the Telephone Consumer Protection Act...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

Burr & Forman on

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

Robins Kaplan LLP on

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

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide