11th Circ. TCPA Ruling Could Imperil Class Claims: Experts

Law360 (August 28, 2019, 3:01 PM EDT) -- The Eleventh Circuit ruled Wednesday that receiving a single unsolicited text message doesn't generate the harm necessary to sustain Telephone Consumer Protection Act claims, complicating plaintiffs' path to asserting such allegations across large classes.

The three-judge panel’s published opinion, which reversed a decision to allow plaintiff John Salcedo to proceed with claims over an unsolicited text he received from his former lawyer Alex A. Hanna, also creates a circuit split on Article III standing that may push the U.S. Supreme Court to revisit the concreteness requirement the high court established in its landmark Spokeo decision, defense attorneys say.

In its 22-page...

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