Telephone Consumer Protection Act

Though the TCPA is a federal statute, until recently, a split of authority existed as to whether federal district courts could exercise original federal question jurisdiction over TCPA claims. This was due to the fact that the Act contains distinct provisions governing civil actions brought by private parties, and state attorneys general. On the one hand, the TCPA allows private parties to bring TCPA claims in an appropriate court of a state if otherwise permitted by the laws or rules of that state. States attorney generals on the other hand are limited to bringing TCPA claims in ...