Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is enough to satisfy Article III, which deviates from a prior 11th Circuit decision holding that one text message does not confer standing. On the other hand, the 3rd Circuit held that a TCPA plaintiff did not have standing where the plaintiff alleged only a TCPA violation, but no harm. Finally, the 11th Circuit issued an opinion interpreting the Fair Debt Collection Practices Act (FDCPA) that has important implications for debt collectors using vendors to place calls or text messages.
