The law does not concern itself with trifles.

A lovely adage. If only it were true.

In Loop Spine v. American College of Medical Quality, 2024 WL 4542298 (N.D. Ill. Oct. 22, 2024) a Plaintiff sued over receipt of a fax. In addition to a claim under the TCPA the Plaintiff asserted a conversion claim. The defendant, per the lawsuit, had converted a single piece of paper.

A single piece of paper.

Occupied, as it were, without permission.

A trespass of the narrowest sort.

The Defendant moved to dismiss arguing that the law does not concern itself with such trifles– private actors must deal with the loss of sheets of paper and the like without resort to the cumbersome machinery of government. After all, the argument goes, the cost of recovery related to that single sheet of paper is far higher in terms of occupation of tax dollars than the loss was in terms of occupation of a private good.

This doctrine–known as the “de minimus” doctrine in the law–is alive and well in many settings and in many jurisdictions.

But NOT in cases involving the TCPA.

The Court in Loop Spine had little trouble concluding both the TCPA and the conversion claim could proceed, tiny damages or not.

That continues to be the rule across the country in a TCPA case. Any damage to an individual– no matter how tiny–will afford Article III standing.

Indeed, in many instances courts have found the mere violation of the TCPA itself affords standing–which is absolutely and categorically wrong following Spokeo. But, that doesn’t stop courts from doing it.

Why? Why do courts constantly bend the rule for TCPA claims?

Because they perceive the TCPA (correctly) as the federal government’s crown jewel response to the robocall epidemic and perceive their role (incorrectly) as expanding the reach of the statute wherever they can to further that goal.

And so whereas the TCPA is the most abused and most over litigated statute leading to the most obnoxiously extortionist bad faith conduct by Plaintiffs and their lawyers in the entire history of law… yet, these lawsuits receive favorable treatment day in, day out.

Which is why “regular lawyers” always get killed when they step foot into defending TCPA lawsuits. Walk into a buzz saw. No idea what hit them.

The TCPA creates its own gravity. Its own physics. Its own weather.