Article III Standing

Third Circuit Crystallizes Post-Spokeo Standard

The Third Circuit handed down an opinion last Monday holding that a violation of the Telephone Consumer Protection Act (TCPA) confers Article III standing even in the case of intangible injuries.

The opinion may prove to be less interesting for its impact on TCPA jurisprudence than for guiding courts in their efforts to understand and apply the Supreme Court’s Spokeo decision.  After all, within the TCPA context, there already appears to be a consensus that statutory violations satisfy Article III’s requirements.

"Concrete" Still Not Set In Spokeo Decision

The Supreme Court yesterday decided the third of three class actions cases from this term that we have been closely watching, Spokeo Inc. v. Robins.   A few observations.

Phew!  The Court did not adopt the most extreme of defense arguments that Congress cannot authorize statutory damages where the victim cannot prove that he or she actually lost money as a result of corporate malfeasance.