5 Texts Are 'Questionable' Support for Federal FTSA Claim, Says Judge

U.S. District Court Judge Casey Rodgers for Northern Florida in Pensacola ordered the parties in a Florida Telephone Solicitation Act (FTSA) lawsuit (see [Ref: 2304260048) to file simultaneous briefing on whether constitutional standing is satisfied in the case, said her Thursday order (docket 3:23-cv-01220). The case was removed from the First Judicial Circuit Court for Escambia County. Despite plaintiff Jamie Vargas’ allegation that Redbox sent “numerous telephone sales calls” to her cellphone, “the only concrete example given is a string of five text messages,” Rodgers, said, saying it’s “questionable” whether the alleged harm is sufficient to allege a concrete injury-in-fact standing for Article III purposes. Vargas alleges Redbox makes sales calls and texts to consumers without having secured prior express written consent as required by the FTSA. A screenshot from Vargas’ phone showed the five texts from September-October pitching free movies, menu deals and discounts, one in exchange for her “deets.”