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August 29, 2019

11th Circ. Says One Text Doesn’t Equate to TCPA Harm

Yesterday, the Eleventh Circuit said a single unsolicited text does not generate the necessary harm to bring lawsuits under the Telephone Consumer Protection Act (TCPA), Law360 reports.

The court said receiving one text is “more akin to walking down a busy sidewalk and having a flyer briefly [waved] in one’s face,” than the harms Congress intended for the TCPA to fix. The panel said the plaintiff suffered a “brief, inconsequential annoyance,” but it is “not a basis for invoking the jurisdiction of the federal courts.”

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