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Telephone Consumer Protection Act › Voicemail › Standing

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Troutman Amin LLP

PLAUSIBLE: Court Holds Allegations of “Identical” Voicemails Sufficient Allegation of Prerecorded Call Usage

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The TCPA’s ban on “prerecorded or artificial” voice calls has often been applied to prerecorded or artificially-generated voicemails. Remains unclear to me whether that is the proper application of the statute– the TCPA...more

Faegre Drinker Biddle & Reath LLP

Washington Federal Court Finds Sufficient Allegations of Prerecorded Calls But Dismisses Claims for Treble Damages and Injunctive...

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Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff...more

Ballard Spahr LLP

Sixth Circuit rules plaintiff’s receipt of one ringless voicemail provides standing for TCPA claim

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A unanimous panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a plaintiff who received only one ringless voicemail (RVM) had alleged a concrete injury sufficient to provide Article III standing to assert...more

Troutman Pepper Locke

Ohio Federal Court Finds Plaintiff Has Standing in TCPA Case Over Messages Left With Wrong Recipient

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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

Womble Bond Dickinson

6th Circuit Holds One Ringless Voicemail Sufficient to Violate TCPA

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The 6th Circuit Court of Appeals reversed a lower court decision and found that a single ringless voicemail (RVM) was enough to violate the TCPA. The district court determined that the plaintiff only received one RVM and...more

Troutman Pepper Locke

Sixth Circuit Holds Receipt of One Ringless Voicemail Causes Article III Harm Under the TCPA

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On June 1, the Sixth Circuit Court of Appeals issued a ruling in Dickson v. Direct Energy, LP, holding that the plaintiff’s claims that he received a single ringless voicemail (RVM) for commercial purposes satisfy the demands...more

Orrick, Herrington & Sutcliffe LLP

6th Circuit: Receiving one RVM is sufficient for standing

Orrick, Herrington & Sutcliffe LLP on

The U.S. Court of Appeals for the Sixth Circuit recently held that receiving one ringless voicemail (RVM) was enough to confer standing upon a plaintiff under the TCPA. In that case, plaintiff asserted he received several...more

Venable LLP

First Florida Telephone Solicitation Act Dismissal Decision Issues, and It Has Virtually Nothing to Do with the Statute

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There have been scores of Florida Telephone Solicitation Act (FTSA) class actions filed since July 1, 2021, when the statute was amended to provide for a private right of action; the Florida legislature thinks that number may...more

King & Spalding

Eleventh Circuit Affirms Dismissal of TCPA Claim for Lack of Standing Where Consumer Failed to Offer Any Evidence That Ringless...

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On December 9, 2020, the Eleventh Circuit affirmed the Northern District of Georgia’s dismissal of a putative class action alleging violations of the Telephone Consumer Protection Act (“TCPA”), holding that the named...more

Troutman Pepper Locke

One Ringless Voicemail: On Appeal, Eleventh Circuit Affirms District Court Holding on Article III Standing in TCPA Case

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On appeal in Grigorian v. FCA US LLC, the Eleventh Circuit affirmed the holding of Judge Cooke, of the United States District Court for the Southern District of Florida, that Mariam Grigorian (“Mariam”), Plaintiff and...more

Womble Bond Dickinson

Eleventh Circuit Holds No Article III Standing in TCPA Case Involving Ringless Voice Mail Message

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Last year, the Eleventh Circuit held in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019) that a plaintiff did not have Article III standing to sue for a violation of the TCPA based on receipt of a single text message. The...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – August 2020

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Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more

Hinshaw & Culbertson LLP

Third Circuit Rules that a Single Voicemail on a Cell Phone is Sufficient to Confer Standing for a TCPA Claim

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In another court's journey into the murky waters of constitutional standing post-Spokeo, the Third Circuit Court of Appeals concluded that one single voicemail on a consumer's cell phone is sufficient to confer standing under...more

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