• Best CPA Networks
  • Best Cost-Per-Sale Affiliate Networks
  • Best Pay-Per-Call Networks
  • mThink Digital
  • Thought Leadership
    • White Papers
  • About
    • Content Marketing
    • Content Strategy
      • Web Content
      • Social Media Strategy
      • Webinars & Video
      • Thought Leadership
    • Performance Marketing
    • Portfolio
      • Revenue Performance
      • Accenture
      • Microsoft
      • Java Detour
      • Our Process
    • Contact Us

mThink

Blue Book Logo

BlueBook Logo

The Trusted Name in Performance Marketing

ROS Leaderboard

  • Home
  • Blue Book
    • About Blue Book
    • Blue Ribbon Panel
    • Interviews
    • Research Methodology
    • Back Issues
    • Advertising
      • Website Creative Specifications
      • Newsletter Creative Specifications
  • Best CPA Networks
  • Best Cost-Per-Sale Affiliate Networks
  • Best Pay-Per-Call Networks
  • Best European CPA Networks
  • Best CPA Networks for Affiliates
  • Best CPA Networks for Advertisers

Court Holds No TCPA Standing With Ringless Voice Mail Message

December 22, 2020 by Richard B. Newman

The Eleventh Circuit recently held that a plaintiff does not suffer concrete injury through receipt of a single ringless voice mail message. Grigorian v. FCA US LLC, No. 19-15026, 2020 WL 7238392 (11th Cir. Dec. 9, 2020).

The Eleventh Circuit previously ruled that receipt of a single, unsolicited text message does not constitute the harm necessary to achieve Article III standing in a Telephone Consumer Protection Act lawsuit.  In doing so, a split was created with the Ninth Circuit with respect to the “concreteness” of the harm necessary to establish standing

There, the plaintiff alleged that a single text message caused him “to waste his time answering or otherwise addressing the message,” that it rendered his telephone “unavailable” and that the message was an “invasion of his privacy.”  There was no allegation of real, concrete costs.

In so holding, the court examined Congress’s legislative intent and found that Congress’ findings about telemarketing suggest that a single text does not interfere with the privacy of the home in the way contemplated by the TCPA.  Importantly, the court did not foreclose the possibility that wasted time could conceivably constitute an  injury-in-fact.

More recently, in a matter involving a plaintiff that allegedly received a single ringless voicemail from defendant regarding an automobile commercial offer, the Eleventh Circuit held that there was not a loss of time suffered and the device was not rendered unavailable.  The court found that both are required to establish a concrete injury-in-fact.

The implications of this decision are significant when it comes to TCPA class action cases in the Eleventh Circuit.  Plaintiffs may have challenges getting a class certified given individualized issues and because damages for single text messages may not each be recoverable based upon receipt alone.

Richard B. Newman is an advertising practices attorney at Hinch Newman LLP.

Informational purposes only. Not legal advice. May be considered attorney advertising.

 

Related posts:

  1. Supreme Court Brief Filed in Favor of  Broad Interpretation of ATDS Definition The Plaintiff in Facebook, Inc. v. Duguid has recently filed its...
  2. Breaking News: Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions On June 22, 2020, the Supreme Court issued its highly...
  3. Court Addresses Unconstitutional TCPA Damages and Who Can be Held Liable A company that managed the ownership rights of a film...
  4. Individualized Issues of Consent Result in TCPA Class Action Certification Denial Class actions are designed to promote the efficiency of litigation...

Filed Under: Blue Book, Revenue Tagged With: Ftc attorney, FTC Compliance, Ringless Voicemail

Search

ROS Col 2 Top

ROS Col 2 Mid

ROS Col 2 Low

Subscribe to our newsletter!

* indicates required

ROS Col 2 – 4 Misc

ROS Col 2 – 5 Misc

ROS Col 2 – 6 Misc

Recent Posts

  • 2023: Challenges, Opportunities & Predictions
  • Top 4 Best Practices For Consumer Finance Campaigns
  • Four Moments That Changed Performance Marketing Forever
  • New additions, improvements, and added perks from your favorite CPA network
  • Your Top 5 Affiliate Marketing Questions Answered
  • 5 strategies to create better content
  • FCC Says Ringless Voicemails Require Prior Consent
  • Top 5 Free Methods to Increase Affiliate Traffic
  •  3 Top Lead Generation Best Practices To Scale Your Business
  • Automation, Conversions, Profitability, Oh My – Breaking Affiliate Campaign Roadblocks
  • 5 tips for a better brand image
  • How Mac of All Trades Found Multi-Channel Success
  • Winning In A Changing World: An Interview with Taras Kiseliuk, CEO of ClickDealer
  • Survey: What Consumers Want from Financial Services Providers
  • The influencer marketing era: what does the future of web marketing hold?

About mThink

mThink is a specialist digital marketing company based in San Francisco. We focus on media buying, Facebook marketing, direct response, social and mobile. In addition mThink produces the annual Blue Book Rankings of major performance marketing networks. Read More »

Baseboard

Copyright ©2023 · mThink. All rights reserved.
3053 Fillmore Street, Suite 325 | (415) 787-0250
Disclaimer | Privacy Policy