52 Federal Communications Law Journal 189 (1999)
The Telephone Consumer Protection Act of 1991 protects the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and facilitates interstate commerce by restricting certain uses of facsimile machines and automatic dialers. Since the statute is silent regarding federal district court jurisdiction over private TCPA claims, federal courts scramble in search for existing law to support their conclusions that the TCPA divests federal district courts of jurisdiction over private TCPA claims. In addition to the reasoning offered by the circuit courts, this Notes discusses the jurisdiction issue and adds an important reason for choosing state courts as the only venues available for private TCPA claims: state courts provide a cheap and easy enforcement of the Act.
Tharp, Kevin N.
"Federal Court Jurisdiction over Private TCPA Claims: Why the Federal Courts of Appeals Got It Right,"
Federal Communications Law Journal: Vol. 52
, Article 8.
Available at: http://www.repository.law.indiana.edu/fclj/vol52/iss1/8