TCPA Quick Hitter: 5-Text-Standing-Dismissal TCPA Suit Appealed to Eleventh Circuit—Another Case Stayed Pending the Outcome

Here’s a quick one for you TCPAWorld.

As we reported a few weeks back, a court in Florida extended the standing limitations of Hanna (dismissal of a TCPA suit involving 2 text messages for lack of any concrete harm) to a case involving 5 text messages. That suit—Eldridge—is now on appeal to the Eleventh Circuit Court of Appeal.

Well on Monday a court in another suit involving 5 text messages stayed a ruling on a motion to dismiss pending the outcome of the Eldridge appeal. See Perez v. Global Premier Benefits, CASE NO. 20-20219-CIV-ALTONAGA/Goodman, 2020 U.S. Dist. LEXIS 65997 (S.D. Fl. April 13, 2020).

TCPA Plaintiffs in suits involving a handful of texts or calls should always be considering standing motions in the post-Hanna environment. And those litigating cases in the Eleventh Circuit’s footprint should now also consider motions to stay pending Eldridge as Perez counsels.

Happy Thursday friends.


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