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The Eleventh Circuit Holds That a TCPA Claim Based on a Single Unsolicited Text Message Does Not Support Constitutional Standing

October 29, 2019

Chris Roach authored an article for the Association of Corporate Counsel Tampa Bay's email newsletter, titled "The Eleventh Circuit Holds That a TCPA Claim Based on a Single Unsolicited Text Message Does Not Support Constitutional Standing." 

In his piece, Chris examines how texting has displaced phone calls as the dominant means of communication for many cell phone users, and, unsurprisingly, advertisers soon followed, using text-message-based solicitations, both for existing and potential customers. This practice has been hampered, however, by the application of the Telephone Consumer Protection Act (TCPA).

The Eleventh Circuit's decision in Salcedo affords a powerful tool for defendants in TCPA cases going forward and may also prove persuasive in circuits that have yet to address standing defenses to TCPA claims, says Chris. Read the full article.