Mims v. Arrow Financial Services, LLC

Ace your homework & exams now with Quizwiz!

Defendant

Arrow

Plantiff

Mims

Issue

Did congress grant state courts exclusive jurisdiction over private actions brought under the TCPA?

Facts

The TCPA only grants states exclusive jurisdiction to hear cases. Mims sued Arrow saying they violated the Telephone Consumer Protection Act (TCPA). The US District court for the Southern District of Florida and the US court of appeals for the 11th circuit both held that they didn't have jurisdiction (authority) over the case. So he took it to the US Supreme Court. They said it was because the TCPA creates exclusive state court jurisdiction over private acts.

Reason

The TCPA's language was state oriented.

Decision

The US Supreme Court unanimously voted yes, the congress did give exclusive jurisdiction over private actions brought under the TCPA and did not deprive federal courts of federal jurisdictions over TCPA suits. Basically... the Southern District did not have a right of jurisdiction because the legislation congress passed (the TCPA) didn't give them the right.


Related study sets

OBHR 330 EXAM 2 practice questions

View Set

Quadratic Equation : CBSE (X) - RDS:8.1

View Set

Impact of Globalisation in the UK

View Set

Management 478 Chapter 1 Smartbook

View Set

Lisez le chapitre, puis choisissez la bonne réponse

View Set

Social Work Practice with Addictions- SWK 330

View Set