Share on LinkedInShare on LinkedIn

ARTICLE · 08 APRIL 2021

Be Specific: TCPA Standing In The Eleventh Circuit

Federal courts are courts of limited jurisdiction, meaning that those courts have more stringent rules for plaintiffs to follow in order to get in the door and stay there.

United StatesConsumer Protection

Federal courts are courts of limited jurisdiction, meaning that those courts have more stringent rules for plaintiffs to follow in order to get in the door and stay there. One critical element is the plaintiff's standing - specifically, whether the plaintiff suffered harm resulting from the defendant's conduct. The Eleventh Circuit (federal courts in Florida, Georgia, and Alabama) has a more limited view on standing under the Telephone Consumer Protection Act ("TCPA"). One recent decision from the Southern District of Florida captures that limited take on TCPA standing in a case captioned Hossfeld v. American Financial Security Life Insurance Company (SD Fla.).

In Hossfeld, the Court addressed whether the plaintiff had TCPA standing where he received calls that violated the TCPA, but never asked the calling party to place his number on the telemarketer's internal do-not-call list. The Court held that a plaintiff who does not ask to be put on an internal

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from