As we reported in our sister blog, “One ‘Chirp, Buzz, Or Blink’ Is Not Enough To Sue Under the TCPA”, a recent court decision makes it more difficult for plaintiffs to establish standing under the Telephone Consumer Protection Act. In its decision, the Eleventh Circuit ruled that a single text message from an attorney to his former client did not amount to sufficient harm to sue in federal court. The Court concluded that the allegations regarding the single text message were not enough to state a concrete injury-in-fact necessary for federal jurisdiction. The Eleventh Circuit’s ruling appears to conflict with a previous Ninth Circuit decision regarding the same issue.
Continue Reading A Single Text Message May Not Violate TCPA
Will More Clarity on Definition of ATDS Under TCPA Finally Be Here Soon?
The Sixth Circuit is the latest court to weigh in on the definition of ATDS under TCPA. The TCPA defines ATDS as equipment that has the capacity “to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” Generally, the TCPA prohibits calls and text messages to cell phones using an ATDS without prior express consent.
Continue Reading Will More Clarity on Definition of ATDS Under TCPA Finally Be Here Soon?