Nov 20, 2019

The Eleventh Circuit Takes A Hard Look At Standing

Blog_Wasmuth Circuit Court

Article III of the U.S. Constitution provides that federal courts can decide “cases” and “controversies.”  The United States Supreme Court has interpreted that to mean that only a plaintiff who has suffered an “injury in fact” has “standing” to bring a case in federal court.  The Eleventh Circuit most recently addressed the issue of standing in Cordoba v. DirecTV, LLC, Case No. 18-12077 (decided November 15, 2019). In Cordoba, the plaintiff alleged that the defendants violated the Telephone Consumer Protection Act (TCPA) because he received telephone solicitations from the defendants despite having put his telephone number on a do-not-call list…. Read more


Sep 5, 2019

Standing to Sue for Unsolicited Text Messages

unsolicited text message

In Salcedo v. Hanna, Case No. 17-14077 (decided August 28, 2019), Mr. Salcedo had received a single unsolicited text message from his former lawyer offering a discount on services.  Mr. Salcedo sued Mr. Hanna alleging that the unsolicited text message violated the Telephone Consumer Protection Act of 1991 (TCPA). The TCPA imposes statutory damages of $500 per text, which can be trebled for a text sent knowingly or willfully. Mr. Salcedo sought to represent a class of former clients of Mr. Hanna who had also received such unsolicited text messages.  But, did Mr. Salcedo have “standing” to sue? The United… Read more