Lynn Breslow v. Wells Fargo Bank, N.A., 755 F.3d 1265 (11th Cir. 2014). · Go Syfert
Lynn Breslow v. Wells Fargo Bank, N.A., 755 F.3d 1265 (11th Cir. 2014). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Wali Ebbin Rashee Ross (ca11, 2019-10-29)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Wali Ebbin Rashee Ross
11th Cir. · 2019 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it is the firmly established rule of this circuit that each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the supreme court.
examined Cited as authority (verbatim quote) Amanda Kondrat'yev v. City of Pensacola, Florida
11th Cir. · 2018 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it is the firmly established rule of this circuit that each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the supreme court.
examined Cited as authority (verbatim quote) Noris Babb v. Secretary, Department of Vetarans Affairs
11th Cir. · 2018 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it is the firmly established rule of this circuit that each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the supreme court.
discussed Cited as authority (quoted) Laccinole v. Appriss, Inc.
D.R.I. · 2020 · quote attribution · 1 verbatim quote · confidence low
practical realities support a distinction between residential and cellular lines.
examined Cited as authority (quoted) Amanda Kondrat'yev v. City of Pensacola, Florida
11th Cir. · 2018 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
it is the firmly established rule of this circuit that each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the supreme court.
cited Cited as authority (rule) Clouse v. Loan Depot, LLC
M.D. Fla. · 2025 · confidence medium
Doc. 14 at 6 (citing Breslow v. Wells Fargo Bank, N.A., 755 F.3d 1265, 1267 (11th Cir. 2014).
discussed Cited as authority (rule) Charles Johnson, Jr. v. City of Atlanta
11th Cir. · 2024 · confidence medium
To do so, we turn to the prior panel precedent rule, which provides that “each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the Supreme Court.” Breslow v. Wells Fargo Bank, N.A, 755 F.3d 1265, 1267 (11th Cir. 2014) (quotations omitted).
discussed Cited as authority (rule) United States v. Wali Ebbin Rashee Ross
11th Cir. · 2020 · confidence medium
Even so, the panel concluded that it was “bound by Sparks’s holding that where, as here, the challenge to Fourth Amendment standing results from a defendant’s alleged act of abandonment, the challenge . . . implicates Article III jurisdiction, rendering it non- waivable.” Id. at 1065–66 (citing Breslow v. Wells Fargo Bank, N.A., 755 F.3d 1265, 1267 (11th Cir. 2014) (“[I]t is the firmly established rule of this Circuit that each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the Suprem…
cited Cited as authority (rule) Brown v. Ocwen Loan Servicing, LLC
M.D. Fla. · 2019 · confidence medium
Breslow v. Wells Fargo Bank, N.A., 755 F.3d 1265, 1267 (11th Cir. 2014).
discussed Cited as authority (rule) Greenley v. Laborers' International Union (2×) also: Cited "see, e.g."
D. Minnesota · 2017 · confidence medium
LIUNA cites two appellate decisions in support of the proposition that the TCPA limits the right to sue to “called parties.” See Breslow v. Wells Fargo Bank, 755 F.3d 1265, 1267 (11th Cir. 2014); Soppet v. Enhanced Recovery Co., 679 F.3d 637, 643 (7th Cir. 2012).
cited Cited as authority (rule) McCaskill v. Navient Solutions, Inc.
M.D. Fla. · 2016 · confidence medium
Breslow v. Wells Fargo Bank, N.A., 755 F.3d 1265, 1267 (11th Cir.2014); Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242, 1251-52 (11th Cir.2014).
discussed Cited as authority (rule) Shehan v. Wells Fargo Bank N.A.
N.D. Ala. · 2014 · confidence medium
The Eleventh Circuit answered this question in Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242, 1251-52 (11th Cir.2014), rejecting the argument the "intended recipient” is the “called party” for purpose of § 227 and explaining a "called party" means "the subscriber to the cell phone service.” Breslow v. Wells Fargo Bank, N.A., 755 F.3d 1265, 1267 (11th Cir.2014) (quoting id.).
discussed Cited "see" Hylton v. Titlemax of Virginia, Inc.
S.D. Ga. · 2022 · signal: see · confidence high
In Osorio v. State Farm Bank, F.S.B., the United States Court of Appeals for the Eleventh Circuit explicitly held that the term “called party” refers to the current subscriber to that number—i.e., the person or entity assigned to the number at the time the call is made—not the “intended recipient” of the call. 746 F.3d 1242 , 1250–52 (11th Cir. 2014); see Breslow v. Wells Fargo Bank, 755 F.3d 1265, 1267 (11th Cir. 2014) (recognizing Osorio’s holding that “called party” means “the subscriber to the cell phone service”).
cited Cited "see" Valentina Azzia v. Royal Caribbean Cruises, Ltd.
11th Cir. · 2019 · signal: see · confidence high
See Breslow v. Wells Fargo Bank, 755 F.3d 1265, 1267 (11th Cir. 2014) (per curiam).
discussed Cited "see, e.g." Amanda Kondrat'yev v. City of Pensacola, Florida
11th Cir. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Breslow v. Wells Fargo Bank, 755 F.3d 1265, 1267 (11th Cir. 2014) (“It is the firmly established rule of this Circuit that each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the Supreme Court.” (alteration adopted) (quotation omitted)).
discussed Cited "see, e.g." Amanda Kondrat'yev v. City of Pensacola, Florida
11th Cir. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Breslow v. Wells Fargo Bank, 755 F.3d 1265, 1267 (11th Cir. 2014) (“It is the firmly established rule of this Circuit that each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the Supreme Court.” (alteration adopted) (quotation omitted)).
discussed Cited "see, e.g." Becker v. Pro Custom Solar LLC d/b/a Momentum Solar
M.D. Fla. · 2020 · signal: see also · confidence medium
The TCPA prohibits “any person . . . [from making] any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice . . . to any telephone number assigned to a . . . cellular telephone service.” 47 U.S.C. § 227 (b)(1)(A)(iii); see also Breslow v. Wells Fargo Bank, N.A., 755 F.3d 1265, 1266 (11th Cir. 2014)(The TCPA “makes it unlawful to make any call using an automatic telephone dialing system (an ‘autodial system’) to a cellular telephone without the…
discussed Cited "see, e.g." Schwyhart v. Amsher Collection Services, Inc.
N.D. Ala. · 2016 · signal: see also · confidence medium
Osorio v. State Farm, Bank, F.S.B., 746 F.Sd 1242, 1262 (11th Cir.2014); see also Breslow v. Wells Fargo Bank, N.A., 755 F.3d 1265, 1267 (11th Cir.2014) (“During the pen-dency of this appeal, another panel of this court ... concluded in a published opinion that ‘called party,’ for purposes' of § 227(b)(1)(A)(iii), means the subscriber to the cell phone service....
Retrieving the full opinion text from the archive…
Lynn BRESLOW, Individually and on Behalf of “R.B.,” a Minor, Plaintiff-Appellee,
v.
WELLS FARGO BANK, N.A., a National Bank, D.B.A. Wachovia Bank N.A., Defendant-Appellant
12-14564.
Court of Appeals for the Eleventh Circuit.
Jun 9, 2014.
755 F.3d 1265
2014 WL 2565984
2014 U.S. App. LEXIS 10623
Scott David Owens, Owens Law Office, Hallandale, FL, for Plaintiff-Appellee., Jan T. Chilton, Severson & Werson, San Francisco, CA, Elliot Aaron Hallak, Amy Rubin, Fox Rothschild, LLP, West Palm Beach, FL, Scott James Hyman, Eric J. Troutman, Severson & Werson, APC, Irvine, CA, for Defendant-Appellant.
Tjoflat, Wilson, Proctor.
Cited by 19 opinions  |  Published  |  NEW
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 89%
Citer courts: Eleventh Circuit (1) · D. Rhode Island (1)
PER CURIAM:

On the Court’s own motion, we vacate the original opinion in this case, issued on June 5, 2014, and substitute the following opinion in its place.

The Telephone Consumer Protection Act of 1991 (“TCPA”), Pub.L. No. 102-243,105 Stat. 2394, makes it unlawful to make any call using an automatic telephone dialing system (an “autodial system”) to a cellular telephone without the prior express consent of the “called party.” 47 U.S.C. § 227(b)(l)(A)(iii) (2006). [1] In this case, which comes to us on interlocutory appeal, we are asked to determine the proper interpretation of the term “called party.”

The facts of this case are straightforward and for the most part undisputed. Wells Fargo made multiple calls [2] using an autodial system to a cell phone number assigned to Lynn Breslow. Breslow did not consent to Wells Fargo’s use of an autodial system to call the number. Although Breslow was the named account holder for the cell phone number, she was not the primary user of the phone. The cell phone was used exclusively by her minor child, “R.B.” [3]

On August 11, 2011, Breslow, individually and on behalf of “R.B.,” filed suit in the District Court for the Southern District of Florida, alleging that Wells Fargo violated the TCPA’s prohibition on autodialing cell phones without the express consent of the called party. [4] Following discovery, Bres-low filed a motion for partial summary judgment on the issue of Wells Fargo’s liability. In response, Wells Fargo also filed a motion for summary judgment. It accompanied its motion with an affidavit of one of its employees, who stated that Wells Fargo had called the cell phone number[*1267] used by R.B. to collect a debt from a former customer who had listed the phone number on a Wells Fargo account application. The affidavit further stated that Wells Fargo was unaware that the cell phone number was no longer assigned to the former customer and that the former customer never revoked his consent or requested that Wells Fargo cease calling the number. Wells Fargo argued that this former customer — the intended recipient of the autodial call — was the “called party” for purposes of § 227, and because he had consented to being called via automatic dialing system, the TCPA’s prohibition did not apply.

The District Court concluded that the “ ‘called party’ for purposes of [47 U.S.C.] § 227(b)(1)(A)(iii) was not [the] Former Customer, but the Plaintiffs,” Breslow and R.B. Accordingly, the court granted partial summary judgment in their favor. Wells Fargo then sought a certification for interlocutory appeal, see 28 U.S.C. § 1292(b), [5] which this court granted on the issue of the proper meaning of the term “called party.” [6]

During the pendency of this appeal, another panel of this court, faced with the same question, concluded in a published opinion that “called party,” for purposes of § 227(b)(1)(A)(iii), means the subscriber to the cell phone service. See Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242, 1251 (11th Cir.2014). That panel rejected the defendant’s contention that called party could mean intended recipient. Id. at 1252.

“[I]t is the firmly established rule of this Circuit that each succeeding panel is bound by the holding of the first panel to address an issue of law, unless and until that holding is overruled en banc, or by the Supreme Court.” United States v. Hogan, 986 F.2d 1364, 1369 (11th Cir.1993) (en banc). Because Breslow, the subscriber to the cell phone service, did not consent to Wells Fargo’s calling via audial system, she is entitled to partial summary judgment.

The District Court’s grant of partial summary judgment is, accordingly,

AFFIRMED.

1

. Section 227(b)(1) provides, in pertinent part:

It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—
(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice—
(iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call....
2

. The exact number of phone calls remains in dispute but is irrelevant to the resolution of the appeal. The District Court found that at least two calls were made, and Breslow contends as many as 1,400 calls were made to the cell phone number.

3

. The record does not establish whether R.B. consented to Wells Fargo’s calling via autodial system.

4

. The TCPA creates a private right of action for violations of the prohibition on autodial-ing. 47 U.S.C. § 227(b)(3). Successful plaintiffs are entitled to an injunction, id. § 227(b)(3)(A), actual losses caused by the violation or $500 for each violation (whichever is greater), id. § 227(b)(3)(B), or both in-junctive relief and money damages id. § 227(b)(3)(C). “If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B)...." Id. § 227(b)(3).

5

. 28 U.S.C. § 1292(b) (2006) provides

When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order
6

. “We review the district court's grant[] of partial summary judgment ... de novo, reviewing all facts and reasonable inferences in the light most favorable to the nonmoving party, and applying the same standard as the district court.” Allison v. McGhan Med. Corp., 184 F.3d 1300, 1306 (11th Cir.1999).