• December 22, 2010

The federal Telephone Consumers Protection Act or TCPA is a federal law targeting certain telephone marketing practices, but that statute seems to provide that lawsuits under the federal law should be brought in state court (“A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State…”).

Minnesota Litigator has previously covered the state/federal TCPA dance here.

This past week, however, Sr. U.S. District Court Judge Richard H. Kyle, Sr. , contrary to the decisions of six U.S. Circuit Court of Appeals decisions, sided with a 2005 Seventh Circuit decision finding federal jurisdiction over TCPA claims against the lender Indymac in connection with alleged aggressive debt-collection telephone calls (after plaintiff Natalie Carnes had filed for bankruptcy protection).

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