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MATTHEW DICKSON, on behalf of himself and others
similarly situated,
Plaintiff-Appellant,
v.
DIRECT ENERGY, LP; TOTAL MARKETING CONCEPTS,
INC.; SILVERMAN ENTERPRISES, LLC,
Defendants-Appellees. |
No. 22-3394 |
Appeal from the United States District Court for the Northern District of Ohio at Akron.
No. 5:18-cv-00182—John R. Adams, District Judge.
Argued: January 17, 2023
Decided and Filed: June 1, 2023
Before: BATCHELDER, STRANCH, and DAVIS, Circuit Judges.
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OPINION
_________________________
DAVIS, Circuit Judge. Matthew Dickson brought this action under the Telephone
Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227, alleging that Direct Energy, LP
sent him multiple ringless voicemails (“RVMs”). The district court determined that Dickson
received only one RVM and dismissed the suit, finding that Dickson suffered no concrete harm
and therefore lacked standing. Dickson now appeals the order dismissing his claim. We
conclude that, regardless of the number of RVMs Dickson received, his asserted injury bears a
close relationship to one recognized at common law. We further find that Direct Energy caused
Dickson precisely the type of harm Congress sought to address through the TCPA. Accordingly,
Dickson suffered a concrete injury for purposes of Article III standing. We therefore
REVERSE the order of the district court and REMAND for further proceedings. |
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