Can 1 Call Or Text Cause Injury Under TCPA?

Partners Michael P. Daly and Justin O. Kay and associate Victoria L. Andrews authored “Can 1 Call Or Text Cause Injury Under TCPA?” for Law360.

In the wake of the Supreme Court’s recent decision in Spokeo v. Robins, courts have been busy addressing Article III standing issues in a number of “no injury” class actions, including TCPA actions in which plaintiffs received only one call or text. The article examines the split amongst courts, some of which have found that receiving a single call, text, or fax cannot constitute the “concrete” harm required to confer constitutional standing, while others suggest that any alleged violation of the statute necessarily establishes a sufficient injury for this purpose.

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