The case returned en banc after a class action over unwanted automated text messages was dismissed on the premise that one text message could not cause concrete injury. The Eleventh Circuit held that receiving an unwanted text is a concrete injury closely related to the common-law tort of intrusion upon seclusion, even if it is less severe than a traditional tort. It remanded to the original panel to address Juan Pinto’s remaining Class Action Fairness Act and class-certification arguments.