Susan Drazen v. Godaddy.com, LLC, No. 21-10199 (11th Cir. 2022)

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Justia Opinion Summary

Plaintiff filed a complaint against GoDaddy.com, LLC (“GoDaddy”) in district court alleging that GoDaddy had violated the Telephone Consumer Protection Act of 1991 (“TCPA”) when it allegedly called and texted Plaintiff solely to market its services and products through a prohibited automatic telephone dialing system. Her case was consolidated with two other cases.  Plaintiff and the plaintiffs in the two other related cases purported to bring a class action on behalf of similarly situated individuals. After negotiating with GoDaddy, the three plaintiffs submitted a proposed class settlement agreement to the District Court.
 
The District Court determined that “even though some of the included class members would not have a viable claim in the Eleventh Circuit, they do have a viable claim in their respective Circuit [because of a circuit split]. The Eleventh Circuit vacated the district court’s approval of class certification and settlement. The court held that the class definition does not meet Article III standing requirements. The court explained that it has not received briefing on whether a single cellphone call is sufficient to meet the concrete injury requirement for Article III standing and TransUnion has clarified that courts must look to history to find a common-law analogue for statutory harms. Thus, the court concluded its best course is to vacate the class certification and settlement and remand in order to give the parties an opportunity to redefine the class with the benefit of TransUnion and its common-law analogue analysis.

The court issued a subsequent related opinion or order on March 13, 2023.
The court issued a subsequent related opinion or order on July 24, 2023.
The court issued a subsequent related opinion or order on May 13, 2024.

Primary Holding

The Eleventh Circuit vacated the district court’s approval of class certification and settlement in Plaintiff’s complaint against GoDaddy.com, LLC (“GoDaddy”) alleging that GoDaddy had violated the Telephone Consumer Protection Act of 1991.


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