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


Jul 15, 2013

FAX ADVERTISEMENT LIABILITY CASE RETURNS TO THE GEORGIA COURT OF APPEALS

The first posting on our Georgia Appellate Developments Blog discussed the decision of the Georgia Supreme Court in A Fast Sign Company, Inc. v. American Home Services, Inc. (posting November 29, 2012). The Georgia Court of Appeals has written the penultimate chapter in that saga with its decision in American Home Services, Inc. v. A Fast Sign Company, Inc., Case No. A11A0719 (decided July 11, 2013).  The Georgia Supreme Court had held that liability under the Telephone Consumer Protection Act of 1991 for the sending of unsolicited fax advertisements merely required a showing of the sending of the fax to… Read more