Reed Smith Client Alerts

The U.S. Court of Appeals for the Eleventh Circuit issued a unanimous opinion in Drazen v. Pinto, No. 21-10199, 2023 U.S. App. LEXIS 18832, at *1 (11th Cir. July 24, 2023), holding that a single unwanted telemarketing text message created a concrete injury sufficient to satisfy Article III standing in Telephone Consumer Protection Act (TCPA) actions.

Plaintiff Suzan Drazen represented a TCPA class action against, LLC (GoDaddy) for its use of an alleged prohibited automatic telephone dialing system (ATDS) to conduct telemarketing via texts for a period of about two years. After GoDaddy reached a settlement with the plaintiffs, Drazen filed a motion to approve the settlement agreement and define the class of people entitled to compensation. The settlement agreement defined the class to include any individual who received even a single text message or phone call on their cellphone from GoDaddy in the specified period.

The district court ultimately approved the settlement but, following the decision in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019), held that those class members who had received only a single text message lacked standing in the Eleventh Circuit. In Salcedo, the Eleventh Circuit held that receipt of a single unwanted text message did not create a concrete injury sufficient for Article III standing.