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

Written by Todd S. Payne

Published: August 7, 2023

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

What AI Visibility Means for Lawyers


by Bryan Driscoll and Josh Rupall

AI tools increasingly interpret lawyers public information. Clear, consistent and credible sources help ensure they describe legal expertise accurately.

AI dashboard visualizing a lawyer's online profile, reputation, and practice information across mult

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

The Best Lawyers in Canada 2027: Recognizing the Nation's Top Legal Talent


by Jamilla Tabbara

Honoring established leaders and rising practitioners across Canada's legal profession.

3D model of Canada textured with the Canadian flag.

2027 Best Lawyers Awards: Honoring Excellence in the Legal Profession


by Jamilla Tabbara

Recognizing the outstanding attorneys leading top practice areas nationwide.

United States with American flag representing The Best Lawyers in America 2027 awards

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

What Happens if You Don't File Taxes


by Bryan Driscoll

The penalties are real, but so are your options. Here's what the IRS can do and what you can do about it.

A torn dollar bill revealing a watchful eye, surrounded by flying documents

New England's Climate Litigation Surge


by Bryan Driscoll

What law firms need to know

New England's Climate Litigation Surge: What Firms Must Know headline

What Is a Quitclaim Deed? Uses, Risks and When to Get Help


by Bryan Driscoll

A quitclaim deed can be one of the fastest ways to transfer property but knowing when it's the right tool and when it isn't, can save you from serious legal and financial headaches down the road.

One hand holding a wooden house model and another holding house keys.

An Employee's Guide to Non-Disclosure Agreements (NDA)


by Bryan Driscoll

Before you sign anything, here's what you need to know about non-disclosure agreements.

Figure stands before an open giant book, holding a large key, facing a keyhole on the inner page.

Rules on Gifting Money to Family: What to Know


by Bryan Driscoll

Generosity often runs ahead of paperwork. Here's how to give to loved ones without surprising the IRS, your estate plan or your relationships.

An open gift box filled with US $100 bills next to a lid tied with a red bow.

How to Optimize Your Best Lawyers Profile for AI Search


by Everett Sizemore

Learn how a complete, well-structured Best Lawyers profile can strengthen your visibility and accuracy across AI search platforms.

A laptop screen displaying the Best Lawyers profile dashboard showing customizable sections.

Best Lawyers Launches ChatGPT App


by Jennifer Verta

Expanding Trusted Legal Guidance Into AI-Driven Search

A glowing digital network overlay on a person typing on a laptop, representing AI in legal search.

Turn Client Questions Into Content That AI Search Can Find


by Bryan Driscoll and Manny Candal

Client questions are becoming search inputs. Your firm’s content should answer them clearly.

Pile of question marks with a single bright yellow question mark in the center, representing search.
Smithy AI Tap to expand

Welcome to Smithy AI the Best Lawyers Assistant

I can help you find attorneys, compare firms, explore practice areas, and surface rankings curated from the Best Lawyers methodology.

Not legal advice This assistant provides general information only. For guidance on your specific situation, please consult a licensed attorney.
Learn about Best Lawyers Research Process
Suggested prompts
Chat limit reached
You've reached the message limit for this chat. To keep exploring, browse Best Lawyers directly or come back later to start a fresh conversation.
Browse Best Lawyers