Drazen v. Pinto

Case: Drazen v. Pinto 

Court: U.S. Court of Appeals for the Eleventh Circuit 

Date: May 15, 2023 

Issue on Appeal: Whether the receipt of a single unwanted text message constitutes a concrete injury sufficient to confer Article III standing under the Telephone Consumer Protection Act of 1991 (TCPA). 

RLC’s Position: A single unwanted text message does not constitute a harm under common law jurisprudence. Additionally, Congress cannot create Article III standing; and, regardless, has not attempted to characterize the receipt of a single unwanted text message as a cognizable injury under  the TCPA.  

Other Amici: The Florida Retail Federation joined the brief. 

Counsel: Adam Unikowsky and Jonathan Marshall of Jenner & Block LLP. 

Case Documents:
RLC Motion for Leave to File
RLC Brief [Linked in download button below]

Please use the DOWNLOAD button below to access the RLC's Brief.