11th Circuit Reverses Dismissal of Muccio’s TCPA Claims, Says He Has Standing

The 11th U.S. Circuit Court of Appeals reversed the lower court’s dismissal of plaintiff-appellant Stephen Muccio’s Telephone Consumer Protection Act complaint against Global Motivation and its principal, Jordan Belfort, and remanded the case for further proceedings (see 2302220004), said its opinion Friday (docket 23-10081). Muccio alleges the defendants sent him and at least 100 other individuals five unsolicited text messages using automated computer systems to solicit the sale of consumer goods or services. He alleged three counts under the TCPA and two counts under the Florida Telephone Solicitation Act, but the lower court dismissed those claims for lack of Article III standing, ruling Muccio suffered no concrete harm. “We conclude Muccio has standing to bring his claims,” said the opinion.