TCPA Tracker - June 2023

CASES OF NOTE

Eleventh Circuit Reverses Salcedo, Finding One Text Sufficient Injury for TCPA Standing

The Eleventh Circuit remanded a class action lawsuit against GoDaddy with the instruction that the receipt of a single text message in violation of the TCPA is sufficient to allege an injury in-fact – a stark shift from former precedent in the circuit.

In August of 2019, three Plaintiffs – Susan Drazen, Jason Bennett, and John Herrick – filed separate claims, which were later consolidated, against Defendant GoDaddy based on Defendant's alleged automatically dialed calls and texts to former customers. The parties reached a settlement agreement, in which class members would be offered "the choice between a $150 Voucher or a $35 cash award." The district court's approval of the settlement agreement was challenged by Objector-Appellant Juan Enrique Pinto, who objected to the amount of awarded attorney's fees. On appeal, the Eleventh Circuit, rather than