Burr Alert: Supreme Court Holds TCPA Creates Federal Question Jurisdiction
January 19, 2012
On January 18, 2012, the United States Supreme Court released its decision in Mims v. Arrow Financial Services, LLC, No. 10-1195, 2012 WL 125429 (Jan. 18, 2012), unanimously holding that the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA) provides U.S. District Courts with federal question jurisdiction over private party TCPA claims. This decision resolves a split among the Circuit Courts of Appeal regarding this issue, and provides that private party TCPA claims can be filed in state or federal court.
The full slip opinion can be viewed at: http://www.supremecourt.gov/opinions/11pdf/10-1195.pdf
For more information, please contact:
Joshua H. Threadcraft in Birmingham at (205) 458-5132 or joshua.threadcraft@burr.com