TCPA standing

ELEVENTH CIRCUIT: A SINGLE TEXT MESSAGE CONFERS TCPA STANDING

On July 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued an en banc decision in Drazen v. Pinto, holding that receipt of a single unsolicited text message confers Telephone Consumer Protection Act (“TCPA”) standing. As readers of this blog know, the Court agreed to rehear this issue back in March. 

As background, the District Court ordered briefing on whether Salcedo v. Hanna applied for purposes of preliminary approval of a TCPA settlement; after deliberation, the District Court held that Salcedo, in fact, controlled. Consequently, because he only received a single text message, which did not confer TCPA standing under Salcedo, Pinto was removed as class representative. While the District Court certified the remainder of the class, Pinto filed a notice of appeal. The Eleventh Circuit granted Pinto’s petition for rehearing on the issue of “whether the plaintiffs who received a single unwanted, illegal telemarketing text message suffered a concrete injury.”

Drazen v. Pinto

Following briefing and argument on the issue, the Eleventh Circuit found that the harm from receiving a single text shares a close relationship with a traditional harm suffered from the tort of intrusion as both “reflect an intrusion into the peace and quiet in a realm that is private and personal.” In so ruling, the Circuit Court determined that receipt of just one (1) unsolicited text message confers TCPA standing.

The case will now be remanded to the panel to consider the other issues raised in Pinto’s appeal regarding violations of the Class Action Fairness Act (“CAFA”).

Impact on TCPA Standing

The Eleventh’s Circuit decision represents a major blow to the line of defense in many TCPA actions, namely that defendants may no longer rely on Salcedo in the Circuit to avoid TCPA liability. Prior to this decision, the Eleventh Circuit was a beacon of hope for defendants across the country. It was considered a holdout among other circuit courts on the issue of whether a single text message conferred TCPA standing.

The Eleventh Circuit now joins the Second, Third, Fifth, Sixth, Seventh, Ninth, and Tenth Circuits in holding that the receipt of a single text message is enough to confer TCPA standing.

As a result of this decision, the Eleventh Circuit will likely see an increase in TCPA lawsuits. 

It is more important than ever to hire experienced TCPA lawyers to come up with new and creative arguments to defend against TCPA lawsuits. The attorneys at Klein Moynihan Turco have years of TCPA litigation experience in courts across the country. We leverage our telemarketing industry experience and knowledge to help companies like yours resolve TCPA litigation in a cost-effective and timely fashion. If you need assistance with defending against TCPA claims or require a fresh look at your telemarketing practices and procedures, please email us at info@kleinmoynihan.com or call us at (212) 246-0900

The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information herein without seeking the advice of an experienced attorney.

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Photo by George Dolgikh on Pexels.

Related Blog Posts:

Split Decision: 5th and 11th Circuits Diverge on TCPA Standing – KMT (kleinmoynihan.com)

Federal Appeals Court Issues Major TCPA Law Decision – Klein Moynihan Turco

Be Specific: TCPA Standing in the Eleventh Circuit – Klein Moynihan Turco

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David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.
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