Insight

ELEVENTH CIRCUIT CHANGES COURSE ON STANDING REQUIREMENTS FOR CONSUMER PROTECTION CLAIMS

Whether a person who receives an unwanted, automated telemarketing text message has standing to sue the sender.

Todd S. Payne

Todd S. Payne

August 7, 2023 10:33 AM

The question at the core of this appeal is:

“Whether the plaintiffs who received a single unwanted, illegal telemarketing text message suffered a concrete injury. To answer that question, we consider whether the harm from receiving such a text message shares a close relationship with traditional harm.”

--------------------------------------------------------------------------------------------------------

In Drazen v. GoDaddy, the plaintiff alleged that GoDaddy violated the Telephone Consumer Protection Act (“TCPA”) by sending a single automated telemarketing text message. In 2019, the Eleventh Circuit in Salcedo v Hanna, 936 F.3d 1162 (11th Cir. 2019), held that the “receipt of a single text message” is not a concrete injury sufficient to confer standing under Article III of the United States Constitution.

In a surprising turn, the Drazen Court receded from its opinion in Salcedo and held that a single unwanted text message is, in-fact, sufficient to support Article III standing. In its opinion, the Court drew parallels between the harm caused by an unwanted text message and the long-standing common-law tort of intrusion upon seclusion. The Court reasoned that an unwanted text message is akin to “an intrusion into peace and quiet in a realm that is private and personal.”

The Court’s sudden about-face will certainly trigger an increase in TCPA litigation nationwide and will provide consumers with an avenue to pursue damages from a single text or phone call. The Drazen decision will likely also be applied to other consumer protection statutes such as the Fair and Accurate Credit Reporting Act (“FCRA”) which has also been scrutinized under Article III. Overall, Drazen will likely lead to an increase in consumer protection litigation and class actions.

Entities utilizing telemarketing and text messaging for marketing purposes should exercise caution and consult a lawyer to ensure that they are in compliance with the TCPA and other consumer protection regulations.

Takeaway: The 11th Circuit Court held that a plaintiff who receives an unwanted, illegal text message suffers a concrete injury because the harm reflects an intrusion into the peace and quiet in a realm that is private and personal.

Trending Articles

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

How to Increase Your Online Visibility With a Legal Directory Profile


by Jennifer Verta

Maximize your firm’s reach with a legal directory profile.

Image of a legal directory profile

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Future of Family Law: 3 Top Trends Driving the Field


by Gregory Sirico

How technology, mental health awareness and alternative dispute resolution are transforming family law to better support evolving family dynamics.

Animated child looking at staircase to beach scene

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

Safe Drinking Water Is the Law, First Nations Tell Canada in $1.1B Class Action


by Gregory Sirico

Canada's argument that it has "no legal obligation" to provide First Nations with clean drinking water has sparked a major human rights debate.

Individual drinking water in front of window

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

New Mass. Child Custody Bills Could Transform US Family Law


by Gregory Sirico

How new shared-parenting child custody bills may reshape family law in the state and set a national precedent.

Two children in a field holding hands with parents

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf

Finding the Right Divorce Attorney


by Best Lawyers

Divorce proceedings are inherently a complex legal undertaking. Hiring the right divorce attorney can make all the difference in the outcome of any case.

Person at a computer holding a phone and pen

New Texas Law Opens Door for Non-Lawyers to Practice


by Gregory Sirico

Texas is at a critical turning point in addressing longstanding legal challenges. Could licensing paralegals to provide legal services to low-income and rural communities close the justice gap?

Animated figures walk up a steep hill with hand

The Future of Canadian Law. Insights from Best Lawyers: Ones to Watch Honorees


by Jennifer Verta

Emerging leaders in Canada share their perspectives on the challenges and opportunities shaping the future of Canadian law

Digital eye with futuristic overlays, symbolizing legal innovation and technology