Reconsidering 'Traceability' Element Of TCPA Standing

Law360, New York (October 12, 2016, 11:11 AM EDT) -- Michael P. Daly

Justin O. Kay

Victoria L. Andrews Last month, we discussed a series of recent decisions that addressed whether the receipt of a single call or text can cause a "concrete" injury that confers constitutional standing to pursue a Telephone Consumer Protection Act claim. Included among these was Romero v. Dep't Stores Nat'l Bank, No. 15-0193, 2016 U.S. Dist. LEXIS 110889 (S.D. Cal. Aug. 5, 2016), an individual action that the court dismissed after finding that the plaintiff lacked an injury that was concrete for purposes of Article III. Id. at *10. But the court also found that those...

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