Try Try Again: Plaintiff Seeks En Banc Review in Huge TCPA Text Message Standing Suit

The biggest news of the last few weeks in TCPAWorld was the Eleventh Circuit’s stunning rebuke of Article III standing in TCPA cases involving text messages in Salcedo v. Hanna.

Given the significance of the decision–which I opined is likely a death knell for TCPA class suits in the Eleventh Circuit–it is no surprise that Plaintiff has decided to petition for en banc re-hearing.

The petition–which can be found here Salcedo Re-Hearing Petition— was filed yesterday and asks the Eleventh Circuit to consider: “Whether a person who receives a text message sent to a cell phone in violation of the Telephone Consumer Protection Act (TCPA) prohibition on unconsented-to, auto-dialer calls to cell phones, 47 U.S.C. § 227(b)(1)(A)(iii), suffers concrete injuries providing standing to sue under the TCPA’s right of action for the remedies provided by the Act.”

In support of the petition the Plaintiff argues generally that the decision is at odds with other circuit court of appeal rulings and urges that the law really should concern itself with trifles after all.

We’ll keep you posted on developments.

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