En Banc Eleventh Circuit Creates Standing For A Single Text In TCPA Cases

The U.S. Court of Appeals for the Eleventh Circuit issued a unanimous opinion in Drazen v. Pinto, No. 21-10199, 2023 U.S. App. LEXIS 18832, at *1 (11th Cir. July 24, 2023), holding that a single unwanted telemarketing text message created a concrete injury sufficient to satisfy Article III standing in Telephone Consumer Protection Act (TCPA) actions.

Plaintiff Suzan Drazen represented a TCPA class action against Godaddy.com, LLC (GoDaddy) for its use of an alleged prohibited automatic telephone dialing system (ATDS) to conduct telemarketing via texts for a period of about two years. After GoDaddy reached a settlement with the plaintiffs, Drazen filed a motion to approve the settlement agreement and define the class of people entitled to compensation. The settlement agreement defined the class to include any individual who received even a single text message or phone call on their cellphone from GoDaddy in the specified period.