[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-10081

Non-Argument Calendar

____________________

STEPHEN MUCCIO, 

individually and on behalf of all 

others similarly situated,

Plaintiff-Appellant,

versus

GLOBAL MOTIVATION, INC., 

JORDAN R. BELFORT, 

Defendants-Appellees.

____________________

USCA11 Case: 23-10081 Document: 24-1 Date Filed: 08/25/2023 Page: 1 of 3
2 Opinion of the Court 23-10081

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 9:22-cv-81004-AMC

____________________

Before ROSENBAUM, JILL PRYOR, and BLACK, Circuit Judges.

PER CURIAM:

Stephen Muccio appeals from the dismissal of his amended 

complaint for lack of Article III standing. Muccio brought this putative class action against Global Motivation, Inc. and its owner, 

Jordan Belfort, alleging Global Motivation sent him and at least 100

other individuals five unsolicited text messages using automated 

computer systems to solicit the sale of consumer goods or services. 

He asserted two counts under the Florida Telephone Solicitation 

Act (FTSA), Florida Statute § 501.059, and three counts under the 

federal Telephone Consumer Protection Act, 47 U.S.C. § 227 

(TCPA).

Global Motivation and Belfort moved to dismiss the complaint for lack of Article III standing, and the district court agreed. 

Citing Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019), and Drazen 

v. Pinto, 41 F.4th 1354 (11th Cir. 2022), vacated, 61 F.4th 1297 (11th 

Cir. 2023) (Drazen I), the district court found Muccio could not establish a concrete harm, notwithstanding Muccio’s attempts to distinguish our prior precedent based on the number of text messages 

he received and on the language of the FTSA.

USCA11 Case: 23-10081 Document: 24-1 Date Filed: 08/25/2023 Page: 2 of 3
23-10081 Opinion of the Court 3

After Muccio appealed from the dismissal, however, we vacated the panel opinion in Drazen I and reheard it as a full court. 

We then explained “the Constitution empowers Congress to decide what degree of harm is enough so long as that harm is similar 

in kind to a traditional harm.” Drazen v. Pinto, __ F.4th __, No. 21-

10199, slip op. at 17, (11th Cir. July 24, 2023) (en banc) (Drazen II). 

“[T]he harm associated with an unwanted text message shares a 

close relationship with the harm underlying the tort of intrusion 

upon seclusion.” Id. at 17. As a result, “the receipt of an unwanted 

text message causes a concrete injury.” Id. at 18. And, like Congress did with the TCPA, the Florida Legislature “has used its lawmaking powers to recognize a lower quantum of injury necessary 

to bring a claim under the [FTSA].” Id.

We do not fault the district court’s reliance on Salcedo and 

Drazen I when it dismissed the case in December 2022. Nevertheless, we review standing issues de novo, Muransky v. Godiva Chocolatier, Inc., 979 F.3d 917, 923 (11th Cir. 2020) (en banc), and with the 

benefit of Drazen II, we conclude Muccio has standing to bring his 

claims. 

We REVERSE the district court’s dismissal for lack of standing and REMAND for further proceedings.

USCA11 Case: 23-10081 Document: 24-1 Date Filed: 08/25/2023 Page: 3 of 3