In the wake of the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins, No. 13-1339, 578 U.S. ___ (May 16, 2016), private plaintiffs suing for procedural violations of federal laws, like the TCPA, who did not sufficiently allege the suffering of a concrete injury, cannot pursue their actions in federal courts.  These courts lack Article III standing to adjudicate such disputes according to the Supreme Court.  Now, an unharmed plaintiff may be limited to pursuing an action in a state court, either in the first instance, see 47 U.S.C. § 227(b)(3) (authorizing state court TCPA actions), or after remand pursuant to 28 U.S.C. § 1447(c), see, e.g., Khan v. Children’s Nat’l Health Sys., No. 8:15-cv-02125, 2016 WL 2946165, at *7 (D. Md. May 19, 2016) (remanding in light of Spokeo because a data breach plaintiff’s alleged invasion of privacy did not satisfy concrete harm).  We are carefully monitoring all post-Spokeo developments in pending TCPA actions.