Eleventh Circuit says no Article III standing in TCPA suit over receipt of one unsolicited text message

The Eleventh Circuit has just held in Salcedo v. Hanna that, under the circumstances pleaded there, a plaintiff who received one unsolicited text message lacked Article III standing to sue under Telephone Consumer Protection Act. The court relied on the Supreme Court's decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), and maintained that that the "history and judgment" of Congress in enacting the TCPA did not support standing. The court viewed its decision as conflicting with Van Patten v. Vertical Fitness Group, LLC, 847 F.3d 1037 (9th Cir. 2017). Eleventh Circuit judge Jill Pryor concurred only in the judgment "to  emphasize [her] understanding that the majority’s holding is narrow and the conclusion that Salcedo lacks standing is driven by the allegations in his complaint that Hanna sent him only one text message," "leav[ing] unaddressed whether a plaintiff who alleged that he had received multiple unwanted and unsolicited text messages may have standing to sue under the TCPA." 

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