Telecommunications, Corporate Counsel, Standing

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

Shipkevich PLLC on 7/17/2024

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

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

Troutman Pepper on 1/26/2024

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

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

McGuireWoods LLP on 7/31/2023

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

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

Manatt, Phelps & Phillips, LLP on 7/14/2021

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

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

Fenwick & West LLP on 7/17/2017

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

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

Smith Debnam Narron Drake Saintsing & Myers,... on 2/14/2017

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

TCPA Class Certified Based Largely on “Concrete Injury” Determination

Carlton Fields on 2/9/2017

Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established...more

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