In an unpublished per curiam opinion, the Eleventh U.S. Circuit Court of Appeals recently ruled that a single text is enough to establish standing for the purposes of the Florida Telephone Solicitation Act (FTSA), reinforcing the stance it had taken in the prior en banc Drazen II decision. The ruling, which can be found at JD Supra, demonstrates the court’s commitment to consumer-orientated protections and its ongoing interpretations of the FTSA.
The court’s application of the Drazen II decision shows an extension of its principles into other areas, notably the FTSA, casting a wider net for what can constitute standing in cases of purported telephone solicitation. Crucially, the analysis notes that even a single text can be sufficient in this context. This poses significant implications for businesses who will need to re-evaluate their communication practices with consumers.
The Eleventh Circuit’s opinions are significant markers for law and policy, and the implications of this recent ruling must be noted for all legal professionals. Specifically, large corporations and law firms need to be cognizant of these developments as they shape their future policies and advice to clients. These interpretations of consumer-centric acts like the FTSA may also signal broader shifts in legal interpretations of grey areas in communication rights and solicitation practices.
In light of this, it is fundamental for lawyers advising clients on communication strategies to stay informed of these shifts, and adjust the direction of their advice accordingly. Continued monitoring of the court’s interpretation of standing under acts like the FTSA could be critical in avoiding litigation or unexpected liability in the future.