Spokeo 2 Years Later: As Split Grows, High Court Redo Looms
Partner David Anthony is quoted several times in a Law360 story titled, “Spokeo 2 Years Later: As Split Grows, High Court Redo Looms.” The story discusses what has happened in the wake of Spokeo v. Robins and notes that the ruling’s inconsistent application likely will lead to another high court showdown in the near future. Anthony is quoted specifically about Spokeo’s effect on cases brought under the Telephone Consumer Protection Act (“TCPA”), saying, “In the TCPA context, standing arguments based on Spokeo have been less successful because courts have been willing to find that wasted time and loss of the use of a phone or fax machine amount to a concrete injury.” He also speaks to the impact of a district court ruling in Legg v. PTZ Insurance Agency Ltd., saying, “This decision does offer some strategic avenues to defendants facing TCPA class actions at least where consent may be at issue.”