On July 24, 2023, an en banc Eleventh Circuit joined the majority of circuits to find that just one text is sufficient to establish standing to bring a Telephone Consumer Protection Act (“TCPA”) claim. The decision, Drazen v. Pinto, — F.4th —, 2023 WL 4699939 (11th Cir. July 24, 2023), not only undoes the panel’s original holding, but also reverses course from the Eleventh Circuit’s prior decision in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019), which held that a Plaintiff who received a single text message did not have TCPA standing. Continue Reading The First Text Cuts the Deepest: Eleventh Circuit Aligns with Other Circuits on TCPA Standing
Marlee Santos
Marlee (Waxelbaum) Santos has substantial experience representing clients in all phases of the litigation process, from pre-litigation counseling through trial and appeals in state and federal courts as well as in arbitration and mediation. Marlee’s practice primarily focuses on managed care litigation, representing national health insurance companies and health benefits plans in state, federal, and appellate courts throughout the United States.
As a managed care litigator, Marlee manages cases from inception and has successfully defended claims against insurers, plan administrators, employers, and managed care organizations. She has extensive experience litigating claims under the Employee Retirement Income Security Act and regularly helps client navigate issues involving ERISA, Medicare and Medicaid, payor/provider contract disputes, out-of-network reimbursement disputes, behavioral health disputes, the False Claims Act, and litigation brought under state and federal mental health parity statutes.
Marlee has also defended consumer-facing companies of all types in individual cases and class actions across the country, including rigorous Telephone Consumer Protection Act practice. She has defended multiple Fortune 50 companies in TCPA class actions while consistently obtaining successful outcomes for her clients. Marlee’s practice has also included representing national, regional, and local banks; nonbank lenders; and mortgage-servicing companies in federal and state litigation, including claims under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Truth in Lending Act, other federal and state consumer protection statutes, and common law. Her complex commercial litigation experience encompasses a variety of practice areas, including bankruptcy, construction, intellectual property, real estate, and related complex civil litigation matters.