Key Issue
Whether plaintiff had alleged a sufficiently
"concrete" injury for standing under Article III.
Background
Plaintiff Kevin Yashtinsky received a two-part text message on
his cell phone from Walmart, inviting him to enroll in Walmart
Pharmacy's prescription messaging program. Yashtinsky responded
by filing a putative class action lawsuit against Walmart, alleging
violations of the Telephone Consumer Protection Act
("TCPA") and claiming damages, injunctive relief, and any
other available legal or equitable remedies. In his complaint,
Yashtinsky claimed that he was not a Walmart customer, that he was
not enrolled in Walmart's prescription messaging program, and
that the text messages were sent en masse.36
Yashtinsky argued that the unsolicited text messages were an
aggravation, a nuisance, and an invasion of his privacy. He further
argued that the receipt of the messages wasted data on his
cellphone, that it temporarily reduced computing power on
