The United States Law Week

One Unwanted Text Ad Isn’t Unlawful Telemarketing: 11th Cir. (1)

Aug. 28, 2019, 7:12 PMUpdated: Aug. 28, 2019, 8:43 PM

A single, unsolicited text message isn’t harmful enough for a consumer to obtain relief under the federal robocall law, the Eleventh Circuit ruled.

Plaintiff John Salcedo lacked standing to sue his former attorney’s office under the Telephone Consumer Protection Act because he failed to show the text wasted his time or otherwise interrupted his day, the U.S. Court of Appeals for the Eleventh Circuit said Aug. 28.

“Salcedo has not alleged anything like enjoying dinner at home with his family and having the domestic peace shattered by the ringing of the telephone,” Judge Elizabeth L. Branch said for the court...

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