SALCEDO REHEARING: NO DICE

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TCPAWorld reported on the decision of the United States Court of Appeals for the Eleventh Circuit in Salcedo v. Hanna, wherein the Court found that a single unwanted text message did not qualify as a “real intangible harm” providing standing to sue under the TCPA. As Circuit Judge Elizabeth L. Branch penned for the three-judge panel at the time: “The chirp, buzz, or blink of a cell phone receiving a single text message is more akin to walking down a busy sidewalk and having a flyer briefly…[waved] in one’s face. Annoying, perhaps, but not a basis for invoking the jurisdiction of the federal courts.”

Mr. Salcedo thought that perhaps the panel’s colleagues on the Eleventh Circuit bench might think otherwise so he asked the full Court to rehear the case en banc. He argued that the decision was out of step with 5 other Federal appellate courts, who said that one TCPA violation was sufficient “concrete harm” to establish standing. Several consumer groups, including the National Consumer Law Center, supported his plea, reportedly warning about opening a floodgate of texts

No dice said the Eleventh Circuit on October 30 in a brief one-page order denying the petition, without explanation.

Is a petition for certiorari on the horizon? Stay tuned to TCPAWorld for updates.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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  1. Pingback: Three Texts No Harm: TCPA Text Message Case Dismissed for Lack of Article III Standing – TCPAWorld
  2. Pingback: Three Texts , No Harm: TCPA Text Message Case Dismissed for Lack of Article III Standing
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