Selling a Car, Texting and the TCPA
After a car dealership (allegedly) texted a person who listed a car for sale on Craiglist, the would be seller filed a class action suit against the dealer claiming the texts were unsolicited, made without consent, and violated the Telephone Consumer Protection Act (TCPA).
The Florida federal court, in light of the Supreme Court’s recent decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) ordered briefing on whether texting created standing for the Craiglist seller to sue. On review, the federal court concluded receiving prohibited text messages and calls amount to sufficiently concrete and particularized harm. The court acknowledged other cases from around the country in which courts held that violations of the TCPA alone do not create injury for standing to sue but disagreed with this analysis. Instead, just the unsolicited telephone contact was the injury and any analysis of how the person was contacted does not matter for standing. With ongoing disagreement among courts throughout the country on what constitutes an injury sufficient to bring suit in federal court, expect rulings to continue to come down on both sides of the issue until the appellate courts provide further guidance.
The case is Mohamed v. Off Lease Only, Inc., Case No. 15-23352-Civ-COOKE/TORRES.
Related Capabilities
Featured Insights

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims



