TCPA class actions based on the receipt of unsolicited text messages have grown more common in recent years.  However, the Eleventh Circuit’s decision in Salcedo v. Hanna, may upend that trend by holding that a single unsolicited text message did not generate the harm necessary to satisfy Article III standing to sustain a Telephone Consumer Protection Act (“TCPA”) claim.

In Salcedo, the Eleventh Circuit reviewed its own precedent, the legislative history of the TCPA, and the Supreme Court’s decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016)—which concluded that plaintiffs must allege concrete injuries and could not … Continue Reading