11th Circ. Revisits Whether Recipient of a Single Text Has Article III Standing Under TCPA
As the lone federal circuit to have affirmatively held that the receipt of a single text message is insufficient to establish Article III standing, the Eleventh Circuit's decision in this appeal has significant implications for future TCPA class action litigation.
June 30, 2023 at 11:01 AM
8 minute read
On June 13, the U.S. Court of Appeals for the Eleventh Circuit heard oral arguments in Drazen v. Pinto, No. 21-10199 (11th Cir.), a case that could represent a substantial departure from circuit precedent regarding the constitutional standing of claimants under the Telephone Consumer Protection Act (TCPA). The Drazen court, sitting en banc, will reconsider a three-judge panel's decision to vacate the U.S. District Court for the Southern District of Alabama's certification and final approval of a TCPA settlement class. The panel vacated the district court's decision on the basis that certain class members received a single unsolicited text message and, thus, lacked a concrete injury sufficient to confer Article III standing. See 41 F. 4th 1354 (11th Cir. 2022). As the lone federal circuit to have affirmatively held that the receipt of a single text message is insufficient to establish Article III standing, the Eleventh Circuit's decision in this appeal has significant implications for future TCPA class action litigation.
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