Once an outlier, the 11th U.S. Circuit Court of Appeals recently joined seven of its sister Circuit Courts in holding that receipt of a single, unwanted text message constitutes the concrete injury required for standing in class actions filed under the Telephone Consumer Protection Act (TCPA).
In making this ruling, the court effectively receded from its decision in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019). In Salcedo, the 11th Circuit held that the receipt of a single text message was not a sufficiently concrete injury to give rise to Article III standing. Since at least 2019, TCPA class action defendants litigating in the 11th Circuit have relied on Salcedo and successfully defeated class allegations seeking to certify a class of individuals who received only one unsolicited text message.
In Drazen v. Pinto, - F.4th -, 2023 WL 4699939 (July 24, 2023), an en banc 11th Circuit receded from its defendant-friendly decision in Salcedo and held that a plaintiff who receives a single unwanted, illegal...
