MATTHEW DICKSON, on behalf of himself and others similarly situated v. DIRECT ENERGY, LP; TOTAL MARKETING CONCEPTS, INC.; SILVERMAN ENTERPRISES, LLC - Articles

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MATTHEW DICKSON, on behalf of himself and others similarly situated v. DIRECT ENERGY, LP; TOTAL MARKETING CONCEPTS, INC.; SILVERMAN ENTERPRISES, LLC

Posted by: Tanja Trezise on Jun 1, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Brian K. Murphy, MURRAY MURPHY MOUL + BASIL LLP, Columbus, Ohio, for Appellant.

Attorneys 2: ARGUED: Michael D. Matthews, Jr., MCDOWELL HETHERINGTON LLP, Houston, Texas, for Appellee Direct Energy, LP.

Attorneys 3: ON BRIEF: Brian K. Murphy, Jonathan P. Misny, MURRAY MURPHY MOUL + BASIL LLP, Columbus, Ohio, for Appellant.

Attorneys 4: ON BRIEF: Michael D. Matthews, Jr., William B. Thomas, Diane S. Wizig, David L. Villarreal, MCDOWELL HETHERINGTON LLP, Houston, Texas, James M. Chambers, MCDOWELL HETHERINGTON LLP, Arlington, Texas, for Appellee Direct Energy, LP. >

Judge(s): BATCHELDER, STRANCH, and DAVIS, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Northern District of Ohio at Akron

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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