Saltiel Law Group recently obtained a favorable early resolution on behalf of BOXR Studios, a Miami-based boxing and fitness company, in a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA).
The action was initially filed in Broward County Circuit Court and alleged that BOXR Studios sent unsolicited text messages in violation of federal do-not-call regulations. The plaintiff sought to certify a nationwide class based solely on text message communications. The matter was subsequently removed to the United States District Court for the Southern District of Florida, Fort Lauderdale Division.
Against the backdrop of recent U.S. Supreme Court decisions reshaping statutory interpretation in federal litigation, Saltiel Law Group advanced a defense grounded in the plain language of the TCPA. The argument centered on the scope of the private right of action under Section 227(c)(5), which expressly references “telephone calls,” raising substantial questions as to whether textmessage-only claims fall within the statute’s reach.
The defense was informed by the Supreme Court’s rulings in Loper Bright Enterprises v. Raimondo (2024) and McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. (2025), which clarified that federal courts must independently interpret statutory text without deferring to agency interpretations. Considering these developments, similar arguments have gained traction in federal courts addressing TCPA claims nationwide.
Before the court issued a ruling on the merits, the plaintiff voluntarily dismissed the action, bringing the case to an early conclusion.
Hubert Menéndez, Litigation Associate at Saltiel Law Group, spearheaded this matter, reflecting the firm's disciplined approach to complex consumer litigation and its careful attention to evolving federal jurisprudence. Matthew Carcano, Partner and Head of the firm's Litigation Group, stewards the litigation team at Saltiel Law Group.
This outcome highlights the shifting legal landscape surrounding TCPA claims and underscores the importance of timely, well-researched defenses in class action litigation.