Once an outlier, the 11th U.S. Circuit Court of Appeals recently
joined seven of its sister Circuit Courts in holding that receipt
of a single, unwanted text message constitutes the concrete injury
required for standing in class actions filed under the Telephone
Consumer Protection Act (TCPA).
In making this ruling, the court effectively receded from its
decision in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir.
2019). In Salcedo, the 11th Circuit held that the receipt
of a single text message was not a sufficiently concrete injury to
give rise to Article III standing. Since at least 2019, TCPA class
action defendants litigating in the 11th Circuit have relied on
Salcedo and successfully defeated class allegations
seeking to certify a class of individuals who received only one
unsolicited text message.
