Archive: October 19, 2016

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Federal Court Dismisses Suits for Failure to Allege Harm Traceable to Any TCPA Violation

Federal Court Dismisses Suits for Failure to Allege Harm Traceable to Any TCPA Violation

By Andrew C. Glass, Gregory N. Blase, Roger L. Smerage, and Eric W. Lee

The Southern District of California recently dismissed two Telephone Consumer Protection Act (“TCPA”) 47 U.S.C. § 227 actions for a failure to allege any concrete injury traceable to defendants. In both actions, the court found that plaintiffs had not alleged any concrete harm traceable to defendants’ alleged violation of the TCPA.  Due to this, the court held that plaintiffs lacked standing under Spokeo v. Robins, 136 S.Ct. 1540 (2016) (previously discussed here), in which the U.S. Supreme Court held that “a bare procedural violation, divorced from any concrete harm [does not] satisfy the injury-in-fact requirement of Article III.”

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