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.