En Banc Hearing Requested at 11th Circuit in Text Message TCPA Violation
Plaintiff John Salcedo wants to reopen a class-action complaint against senders of unsolicited text-message advertisements and asked for a rehearing en banc, in a petition filed for docket 17-14077 Salcedo v. Hanna (in Pacer) Wednesday at the U.S. Court of…
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Appeals for the 11th Circuit. Last month, the 11th Circuit reversed on standing a lower court's decision in a Telephone Consumer Protection Act complaint (see 1908280046). The petition argues the prior decision "is at odds with precedent on the sufficiency of small harms to support standing." If left uncorrected, it said, "the opinion could leave consumers inundated with more unwanted calls and texts that, combined, are far from isolated and inconsequential."