Description: Faegre Drinker's TCPA Blog provides breaking news and important insights about the Telephone Consumer Protection Act.
In a unanimous en banc decision, the Eleventh Circuit recently held that “a single unwanted, illegal telemarketing text message” is sufficient to allege a concrete injury under the TCPA. Drazen v Pinto , No. 21-10199, 2023 WL 4699939 (11th Cir. July 24, 2023) (en banc).
Previously, the leading Eleventh Circuit precedent on Article III standing in text-message cases held that a plaintiff’s alleged receipt of a single unsolicited text in violation of the TCPA “d[id] not state a concrete harm that meets the injury-in-fact requirement of Article III.” Salcedo v. Hanna , 936 F.3d 1162, 1172 (11th Cir. 2019). See our prior discussion of Salcedo here . Based on Salcedo , an Eleventh Circuit panel previously dismissed the Drazen appeal for lack of jurisdiction, holding that the cl
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