In That Case: Securities and Exchange Commission v. Jarkesy
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
5 Key Takeaways | ITC Litigation and Enforcement Conference
Recent Trends in Article III Standing - The Consumer Finance Podcast
Episode 18 | Unpacking the Packing: A Perspective on the Efforts to Expand the Supreme Court
AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact - Diagnosing Health Care Podcast
Podcast: Texas v. United States of America
Polsinelli Podcasts - Supreme Court Closes Gap on Bankruptcy Issue
The U.S. Court of Appeals for the 5th Circuit held that the Federal Communications Commission (FCC or Commission) violated AT&T's Seventh Amendment right to a jury trial and right to adjudication by an Article III court when...more
The Fifth Circuit on April 17 vacated a $57 million FCC forfeiture against AT&T, ruling the agency violated the company’s Seventh Amendment right to a jury trial under the Supreme Court’s 2024 decision in SEC v. Jarkesy. ...more
There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies. Defendants are...more
The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more
On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more
No one likes receiving telemarketing calls or text messages from strangers. That’s one reason Congress enacted the Telephone Consumer Protection Act more than 30 years ago. Initially designed, in part, to combat the scourge...more
Takeaway: In Drazen v. Pinto, 74 F.4th 1336 (11th Cir. 2023) (en banc), the Eleventh Circuit held a single “unwanted, illegal” text message sufficient to establish concrete injury for standing purposes. This holding...more
In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more
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...more
In the intricate and often convoluted realm of TCPA litigation, the Ninth Circuit’s recent decision in Hall v. Smosh Dot Com, Inc. stands as a beacon, illuminating the complexities of Article III standing and the implications...more
On June 28, a magistrate judge in the U.S. District Court for the Southern District of Ohio issued a report recommending that the defendant’s motion to dismiss be denied because the plaintiff had standing under the Telephone...more
We have written about the Eleventh Circuit’s controversial ruling in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019). See Eleventh Circuit reinvigorates Spokeo in single text message TCPA case (Sep. 11, 2019). In Salcedo,...more
There is a continuing question regarding Article III standing for cases brought under the federal Telephone Consumer Protection Act in Florida. To give the very quick recap: In 2019, the U.S. Court of Appeals for the...more
On November 2, 2022, the U.S. District Court for the Middle District of Florida held, sua sponte, that a plaintiff did not have standing to bring a class action suit alleging a TCPA violation. The February 9, 2022 complaint...more
September 2022 Action Clarifies Only Random Calls Trigger TCPA Violations — Not Mere Use of An Autodialer - Mehl v. Green, et al. 2022 WL 4056269 (E.D. Cal. Sept. 2, 2022) - A law firm was recently sued after one of its...more
In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more
On December 16, 2019, the Supreme Court denied DISH Network’s petition for certiorari seeking to overturn a $61 million judgment for Telephone Consumer Protection Act (“TCPA”) violations based on telemarking calls made to...more
Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more
On December 16, 2019, the United States Supreme Court declined to review Krakauer v. Dish Network LLC, thus leaving unresolved a circuit split regarding Article III standing under the Telephone Consumer Protection Act...more
On November 15, the Eleventh Circuit decided Cordoba v. DirecTV, LLC, further exploring the issue of when class actions achieve Article III standing. The plaintiffs alleged that DirecTV and the company with which it...more
The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (“TCPA”) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class...more
As we previously reported, the Eleventh Circuit recently held that receiving a single, unsolicited text message does not constitute the harm necessary to achieve Article III standing in a Telephone Consumer Protection Act...more
One unwanted text message does not confer standing in federal court in the Eleventh Circuit — so holds the court in Salcedo v. Hanna. The case confirms that one text message is qualitatively, and jurisprudentially, different...more
In Salcedo v. Hanna, the U.S. Court of Appeals for the 11th Circuit held that a TCPA plaintiff lacked standing to pursue a claim based on the alleged receipt of a single, unsolicited text message....more
A&B Abstract: Receiving a single, unsolicited text message is not enough to establish Article III standing to sue under the Telephone Consumer Protection Act (“TCPA”), the Eleventh Circuit held in Salcedo v. Hanna. ...more