Fifth Circuit disagrees with Eleventh Circuit and holds that a single text message is a concrete injury under the TCPA
By EsqSocial Corporation 22/06/21
Takeaway: TCPA defendants beware: it takes only a single, unsolicited text message for a plaintiff to establish Article III standing in the Fifth Circuit. In Cranor v. 5 Star Nutrition, L.L.C., --- F.3d ---, No. 19-51173, 2021 WL 2133433 (5th Cir. May 26, 2021), the Fifth Circuit held that a single text message is precisely the type of nuisance and invasion of privacy Congress intended to ban under the TCPA, further solidifying the trend among the Circuits that a sole text message is enough to...
By: Kilpatrick Townsend & Stockton LLP