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SCOTUS Decision Guides Plaintiffs for Evaluation in TCPA Cases
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A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court.
The case is
Walker v. Highmark BCBSD Health Options, Inc. The plaintiff, Christopher James Walker, accused Highmark of placing unsolicited automated/prerecorded calls to his cellphone, and those of putative class members, without consent.
Walker filed suit in Pennsylvania state court in November 2020. Highmark removed the case to the U.S. District Court for the Western District of Pennsylvania the following month.
Wednesday, February 24, 2021
Usually, it is the plaintiff that argues he or she was injured, not the defendant. But, in an effort to stay in state court, some TCPA plaintiffs have taken the counterintuitive position that they did not suffer an injury in fact under Article III of the U.S. Constitution and, therefore, their claims cannot be heard in federal court.
“[T]o satisfy Article III’s standing requirements, a plaintiff must show (1) it has suffered an ‘injury in fact’ that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.”