Florida Intermediate District Court Finds Receipt of Pre-Recorded Voicemails Not Sufficient Basis to Bring Class Action Alleging TCPA Violation | Shipkevich SARL

On November 2, 2022, the U.S. District Court for the Intermediate District of Florida ruled, spontaneously, that a plaintiff lacked standing to bring a class action alleging a violation of the TCPA. The February 9, 2022 Complaint alleges that the Plaintiff received two pre-recorded voicemail messages on his cell phone from the Defendant, a for-profit school, advertising the Defendant’s services. The applicant alleges that he did not consent to receiving these calls. Further, the Complaint clarifies that the Plaintiff sought to bring a class action on behalf of all persons who received a pre-recorded voicemail message from the Defendant in the four years prior to the Plaintiff’s filing of the Complaint.

In its analysis, the court said it was unclear whether the calls received by the plaintiff were either “unwanted” calls or “telemarketing” calls. The court found that the complaint contained conclusive allegations that were insufficient for the court to determine that the plaintiff had received unwanted telemarketing calls.

As to whether the plaintiff had standing to bring a class action, the court acknowledged that the 11th Circuit, of which Florida is a part, had previously ruled that receiving more than one unwanted telemarketing call made in violation of the TCPA constituted sufficient standing for a plaintiff to bring an action. However, the court noted that such cases had been tried before the Supreme Court case of TransUnion LLC v Ramirez, which requires that each member of an alleged class has standing to recover individual damages. Ultimately, the court found that in this case, the allegations contained in plaintiff’s complaint were insufficient to demonstrate that plaintiff had suffered concrete harm such that he had standing to allege a violation of the TCPA, and that the plaintiff had also not alleged sufficient facts to bring about a class action.

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