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McGlinchey Stafford

Litigation Byte (January 2025 Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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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

Faegre Drinker Biddle & Reath LLP

Florida Court Finds One Unwanted Text Message Does Not Cause Concrete Harm, Remands FTSA Case to State Court

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In Weitz v. Genting New World LLC, No. 1:22-cv-23209-BLOOM, 2023 WL 2328365, at *1 (S.D. Fla. Mar. 2, 2023), Plaintiff Brandon Weitz brought suit against Defendant Genting New World LLC on behalf of himself and a putative...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Finds Complaint’s Ambiguity in Number of Calls Received Warrants Remand for Article III Standing Analysis

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Recently, the Eleventh Circuit remanded a TCPA suit for the district court to rule on Article III standing, finding that the trial court should have addressed the standing issue because plaintiffs failed to plead the number...more

Faegre Drinker Biddle & Reath LLP

S.D. Fla. Court Remands Case to State Court, Finding No Article III Injury

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The Southern District of Florida recently remanded a case back to state court because the defendant that removed the case failed to establish that plaintiff suffered an Article III injury. Harris v. Travel Resorts of America,...more

Benesch

Be Careful What You Wish For: Lack of Article III Standing Comes Back to Bite TCPA Defendants

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Defense arguments about a plaintiff’s lack of standing in federal court can come back to bite them, as shown by the Southern District of Florida’s recent decision in Guerra v. Newport Beach Auto. Grp. LLC, No. 21-20568, 2021...more

Faegre Drinker Biddle & Reath LLP

Lack of Widespread Harm Traceable to TCPA Violation Requires Decertification of Class Action, Eleventh Circuit Rules

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The Eleventh Circuit last week issued a common-sense ruling vacating class certification in a TCPA case—an area of the law where common sense does not always prevail. In Cordoba v. DIRECTV, LLC, No. 19-12077 (11th Cir. Nov....more

Womble Bond Dickinson

The Trend Continues: Court Denies Pro Se Plaintiff’s Motion to Remand TCPA Case Based on Lack of Article III Standing

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As the Baron reported last month, we’ve seen a recent trend in which plaintiffs have been using their own lack of Article III standing as a means to avoid federal jurisdiction. Yet again, we have another culprit… this time, a...more

Womble Bond Dickinson

Tracking the Trend: Court Holds Defendants Not Required to Allege Plaintiff’s Article III Standing in Removing TCPA Case From...

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We’re closely tracking the recent trend involving plaintiffs’ use of their lack of Article III standing as a basis to avoid federal jurisdiction. Last week we reported on a case in the Northern District of California that was...more

Womble Bond Dickinson

Out of the Frying Pan?: Eighth Circuit Agrees that TCPA Violation Did not Cause Article III Harm But Reverses Dismissal in Favor...

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A few weeks back Consumer Class Action “Titan” Jay Edelson joined us on the Ramble podcast and predicted that TCPA class actions arising in state court that are removed to federal court and later challenged on Article III...more

Burr & Forman

Eighth Circuit Holds Deficient Fax Opt-Out Notice Does Create Case or Controversy

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St. Louis Heart Center, Inc. v. Nomax, Inc., No. 19-1794, 2018 WL 3719694 (8th Cir. Aug. 6, 2018) - Plaintiff filed a class action lawsuit in state court, alleging Defendant sent it 12 fax advertisements without including...more

Burr & Forman

Dismissal of TCPA Claims for Lack of Standing Does Not Mandate Remand to the State Court

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After granting summary judgment for lack of standing against a plaintiff who bought multiple cell phones and numbers for purposes of filing TCPA lawsuits, the Court was faced with a Motion to Amend Judgment wherein Plaintiff...more

WilmerHale

Supreme Court Vacates Ninth Circuit Decision in Spokeo, Remands for Analysis of Concrete Harms

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On May 16, 2016, the Supreme Court issued its decision in Spokeo v. Robins, which posed the question of whether Article III standing requires a plaintiff to have a concrete injury when alleging a statutory violation under the...more

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