Eleventh Circuit Court of Appeals
The Eleventh Circuit Court of Appeals (which includes Florida and other states) is considering oral argument on the issue of whether a single text constitutes sufficient “injury” to give a plaintiff standing to sue under the Telephone Consumer Protection Act (“TCPA”). The defendants argued that the single text did not make plaintiff’s phone inoperable, prevent him from receiving other text messages or phone calls, or cost him anything. Salcedo v. Hanna.
Comment: The same argument would be relevant to unanswered calls which did not deliver a voicemail message.Read More