As we reported in our sister blog, “One ‘Chirp, Buzz, Or Blink’ Is Not Enough To Sue Under the TCPA”, a recent court decision makes it more difficult for plaintiffs to establish standing under the Telephone Consumer Protection Act. In its decision, the Eleventh Circuit ruled that a single text message from an attorney to his former client did not amount to sufficient harm to sue in federal court. The Court concluded that the allegations regarding the single text message were not enough to state a concrete injury-in-fact necessary for federal jurisdiction. The Eleventh Circuit’s ruling appears to conflict with a previous Ninth Circuit decision regarding the same issue.

Putting it Into Practice: While these conflicting decisions continue to be issued by the courts, businesses running text message campaigns using autodialer technology would be well served to check their processes to ensure appropriate consents have been obtained.