by Joshua Briones , Esteban Morales and Adam B. Korn

On the heels of Borden v. E-Financial, LLC, 2022 WL 16955661 (9th
Cir. Nov. 17, 2022), which we wrote about last month, the Ninth and
Eleventh Circuits have continued to keep TCPA lawyers on their toes.

Recently the Eleventh Circuit, in a per curiam opinion, halted an
appeal on the basis of standing to bring automatic telephone dialing
system (ATDS) claims. Evans v. Ocwen Loan Servicing, LLC, 2022 WL
17259718 (11th Cir. Nov. 29, 2022). In total, sixteen plaintiffs
brought TCPA claims, but the complaint only alleged that eight of the plaintiffs received 27 to 877 calls. For the other eight plaintiffs,
the exact number of calls was not specified. The Eleventh Circuit
noted, "[f]or any of these plaintiffs, the 'exact number of calls they
received could be zero, one, or more than one. Each of these scenarios
would potentially present a different resolution to the standing
issue." Id. at *1. The Court added that while more "than one call is a
concrete injury that confers standing," current case law does not
address "whether a single call is sufficient to confer standing." Id.

https://www.mondaq.com/article/news/1266700?q=1803232&n=656&tp=4&tlk=9&lk=14

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