January 6, 2017
The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”). In the class action lawsuit against Hilton Grand Vacations Company, LLC (“Hilton”), Hilton argued, among other things, that the plaintiff, a member of a rewards program who allegedly received autodialed telemarketing calls to her cellular telephone, did not allege any concrete harm as required for standing purposes by the United States Supreme Court decision in Spokeo, Inc. v. Robins. The Court, however, rejected Hilton’s argument and held that the plaintiff had, in fact, alleged a concrete injury under the TCPA.
Is Nuisance Sufficient to Cause a Concrete Injury Under the TCPA?