Solidifying a growing circuit split in the wake of Spokeo v. Robins, the U.S. Court of Appeals for the Third Circuit held on Monday that a single unsolicited call to a woman’s cellphone was enough harm for her to sue under the U.S. Telephone Consumer Protection Act.
The ruling joins a competing line of circuit decisions attempting to interpret Spokeo, in which the U.S. Supreme Court found that a plaintiff who wants to sue in federal court must allege an injury that is “particularized” and “concrete,” and not just a procedural violation. The issue is critical in class actions where statutory violations are common and the defense bar has accused plaintiffs lawyers of bringing cases where there are no concrete injuries.
