Ninth Circuit Rules That Receiving Allegedly Unsolicited Text Is Sufficient By Itself To Establish Concrete Harm
On January 30, 2017, the Ninth Circuit Court of Appeals upheld the dismissal of a Telephone Consumer Protection Act (TCPA) class action on the ground that the plaintiff did not clearly revoke his prior express consent to receive text messages from his former gym. But in coming to this conclusion, the court first found that a TCPA plaintiff does not have to allege any additional harm beyond receiving an unsolicited text message to satisfy the concrete-injury requirement that was recently at the center of the Supreme Court’s Spokeo decision.
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