As we mentioned a few weeks in the past, an NHL franchise not too long ago argued to a federal court docket that its conduct of sending undesirable textual content messages positively did trigger hurt to the recipients of the texts. As we defined on the time, this bizarre phenomenon occurred as a result of the case legislation in federal court docket is kind of favorable for TCPA defendants in sure jurisdictions, which might not be the case in state courts in the identical discussion board. (Its bizarre technical procedural stuff that standard individuals don’t actually need to fret about however that’s critically necessary for TCPA class motion litigators to grasp.)
Nicely, one other Defendant has not too long ago suffered (?) the identical destiny of getting a court docket conclude its conduct didn’t trigger sufficient hurt to permit the Defendant to remain in federal court docket.
In Jenkins v. Merely Healthcare Plans, Inc., CASE NO. 20-22677-CIV-ALTONAGA/Goodman, 2020 U.S. Dist. LEXIS 147433 (S.D. Fl. Aug. 17, 2020) the Defendant requested the federal court docket to train jurisdiction over a TCPA Plaintiff’s case involving undesirable textual content messages. The Plaintiff alleged receipt of solely a single textual content from the Defendant and didn’t allege any explicit hurt stemming from the receipt of the message.
The Defendant, nonetheless, argued to the federal court docket that the textual content should have triggered hurt—precisely the other of what you’d count on a Defendant to argue in these instances. Once more, nonetheless, the trick was to persuade the Courtroom that the case was basically sufficiently big to advantage being made right into a federal case. The Jenkins court docket disagreed and concluded that there was merely no proof of concrete hurt enough to maintain the case and despatched it again to state court docket.
The Courtroom additionally declined to permit the Defendant’ discovery designed to show—in true Bizarro-world vogue— that the Defendant had truly harm the Plaintiff with its textual content message in any case.
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