Fla. Court Found TCPA Plaintiffs Lacked Standing to Bring Class Action

The U.S. District Court for Middle Florida in a Nov. 2 ruling held that a plaintiff didn't have standing to bring a class-action suit alleging a Telephone Consumer Protection Act violation, said a Shipkevich analysis Tuesday. The court recognized that the 11th Circuit U.S. Court of Appeals had previously held that the receipt of more than one unwanted telemarketing call made in violation of the TCPA constitutes sufficient standing for a plaintiff to bring suit, it said. But the court noted that such cases were decided before the Supreme Court case of TransUnion v. Ramirez, “which requires that each member of a purported class have standing in order to recover individual damages,” it said. The court ultimately found that in the Florida case, the allegations in the plaintiff’s complaint were “insufficient to show the plaintiff suffered concrete harm such that he had standing to allege a TCPA violation, and that the plaintiff further failed to allege facts sufficient to bring a class action suit,” it said.