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Fifth Circuit Holds Plaintiff Has Standing to Sue Under TCPA for Receipt of Single Text Message, Parting Ways with Eleventh Circuit | King & Spalding
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TCPA FCC Petitions Tracker - June 2021 | Kelley Drye & Warren LLP
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5th Circ. Says 1 Text Message Enough To Prop Up TCPA Suit
Law360 (May 26, 2021, 9:31 PM EDT) The Fifth Circuit ruled Wednesday that the receipt of a single unsolicited text message was enough to allow a Missouri man to press forward with his putative class action accusing 5 Star Nutrition of violating the Telephone Consumer Protection Act, breaking with an Eleventh Circuit ruling that reached the opposite conclusion.
In an 11-page published ruling, a three-judge panel reversed a Texas federal judge s decision to ax the dispute on the grounds that plaintiff Lucas Cranor had failed to allege a sufficiently concrete injury to establish the Article III standing necessary to press forward with his TCPA claims against the sports.
SGS North America Withdraws Petition for Declaratory
Ruling
On March 17, 2021 SGS North America, Inc ( SGS ) filed
a Notice of Withdrawal. SGS will no longer be pursuing its Petition
for Expedited Declaratory Ruling, Or in the Alternative, Request
for Retroactive Waiver. In its Petition, filed December 17,
2018, SGS asked the Commission to clarify the meaning of telemarketing and dual purpose calls with
respect to the prior express written requirements under the
TCPA in order to fix a growing trend of unwarranted
TCPA litigation.
Awaiting Decision (Items on Circulation )
Other Pending Petitions
Petitions Seeking to Establish or Modify Exemptions to TCPA
Consent Requirements