A seismic shift has recently reverberated through the Eleventh Circuit, emphasizing the critical importance of Article III standing in class actions. First, the Eleventh Circuit held that class representatives must possess standing even when class-action settlements are on the table, adding a new layer of scrutiny to what has often been an opaque process.

In addition, the Eleventh Circuit relaxed the standing requirements for class action claims brought under the Telephone Consumer Protection Act (TCPA). With these developments, federal courts within the Eleventh Circuit are poised to become fertile ground for plaintiffs, potentially offering a more lucrative and plaintiff-friendly forum than even Florida’s state courts.

Lack of Standing Destroys Class Settlement

Eleventh Circuit Court of Appeals Courthouse in Atlanta. Photo: John Disney/ALM Eleventh Circuit Court of Appeals Courthouse in Atlanta. Photo: John Disney/ALM