Can a Single Call or Text Give Rise to a TCPA Lawsuit?

Courts around the country currently are faced with the question of whether the receipt of a single call or text gives constitutional standing to someone to be a plaintiff in robocall lawsuit or spam text lawsuit. To date, courts have split on the issue. The Telephone Consumer Protection Act (TCPA) creates liability of up to $1500 per robocall or spam text if the call or text was made without first receiving the recipient’s consent to receive the calls or texts.

Several courts have dismissed TCPA lawsuits based on the argument that the receipt of a single call or text does not cause sufficient injury to maintain a lawsuit. In one case, the plaintiff alleged that she received one telemarketing call, alleging that her harm consisted of aggravation, invasion of privacy, and “electrical charges” (which, the plaintiff explained, was a reference to recharging her cell phone battery). The court noted that Congress’ purpose in enacting the TCPA was to address “the injury multiple phone calls can cause,” and that “[a]ny depletion of Plaintiff’s battery, or aggravation and nuisance, resulting from only one call, is a de minimis injury” that is insufficient to create Constitutional standing to pursue the lawsuit. Several other courts have reached similar findings.

Other courts, however, have reached the opposite conclusion. In one case, the court held that the number of calls goes “only to the extent of the injury, not whether there was a concrete injury at all.” Still another court held that any TCPA violation causes harm, stating that the receipt of unsolicited telemarketing calls by their nature invade privacy and disturb the recipient.

Of course, the opinions of those contemplating this issue likely differ depending on which side of the table they sit. We expect that consumers who are being inundated with unwanted robocalls would believe that they have the right to file a lawsuit based on each annoying, unsolicited robocall or spam text that they receive. On the other, we expect that companies would like as much wiggle room as possible so that they can continue to make intrusive, unsolicited robocalls and texts.

Have you received a spam text or spam call?

If you received an automated text or prerecorded message on your cell phone you may be able to recover money damages from the caller with a TCPA lawsuit.

Contact an experienced robocall lawyer at Dimond Kaplan & Rothstein, P.A. today for a free consultation to discuss your rights and potential legal claims.