mims
arrow
financial
services
llc
argued
november
decided
january
consumer
complaints
abuses
telephone
technology
example
computerized
calls
private
homes
prompted
congress
pass
telephone
consumer
protection
act
tcpa
act
congress
determined
federal
legislation
needed
telemarketers
operating
interstate
escaping
prohibitions
intrusive
nuisance
calls
act
bans
certain
invasive
telemarketing
practices
directs
federal
communications
commission
fcc
prescribe
implementing
regulations
authorizes
bring
civil
actions
enjoin
prohibited
practices
recover
damages
residents
behalf
supp
provides
jurisdiction
suits
lies
exclusively
district
courts
also
permits
private
person
seek
redress
violations
act
regulations
appropriate
state
action
otherwise
permitted
laws
rules
state
petitioner
mims
filed
damages
action
federal
district
alleging
respondent
arrow
seeking
collect
debt
violated
tcpa
repeatedly
using
automatic
telephone
dialing
system
prerecorded
artificial
voice
call
mims
cellular
phone
without
consent
mims
invoked
federal
question
jurisdiction
authority
adjudicate
claims
arising
laws
district
affirmed
eleventh
circuit
dismissed
mims
complaint
want
jurisdiction
concluding
tcpa
vested
jurisdiction
private
actions
exclusively
state
courts
held
tcpa
permissive
grant
jurisdiction
state
courts
deprive
district
courts
jurisdiction
private
tcpa
suits
pp
federal
law
creates
right
action
provides
rules
decision
mims
tcpa
claim
words
plainly
aris
es
laws
arrow
agrees
action
arises
federal
law
urges
congress
vested
exclusive
adjudicatory
authority
private
tcpa
actions
state
courts
cases
arising
federal
law
presumption
concurrent
jurisdiction
rebuttable
congress
affirmatively
ousts
state
courts
jurisdiction
particular
federal
claim
tafflin
levitt
arrow
acknowledges
presumption
maintains
creates
converse
presumption
favor
jurisdiction
instead
arrow
urges
tcpa
later
specific
statute
displaces
earlier
general
prescription
section
swept
away
easily
principle
district
courts
possess
jurisdiction
federal
law
creates
private
right
action
furnishes
substantive
rules
decision
endures
unless
congress
divests
federal
courts
adjudicatory
authority
see
verizon
md
public
serv
accordingly
district
retains
jurisdiction
mims
complaint
unless
tcpa
expressly
fair
implication
excludes
adjudication
see
pp
arrow
arguments
persuade
congress
eliminated
jurisdiction
private
tcpa
actions
title
language
may
oriented
grant
jurisdiction
one
imply
jurisdiction
exclusive
bank
new
york
trust
nothing
permissive
language
makes
jurisdiction
exclusive
otherwise
purports
oust
federal
courts
jurisdiction
provision
state
private
plaintiff
may
bring
tcpa
action
exclusively
state
contrast
supp
vests
exclusive
jurisdiction
tcpa
suits
federal
courts
section
exclusivity
prescription
reinforce
conclusion
silence
leaves
jurisdictional
grant
untouched
otherwise
applicable
jurisdiction
meant
excluded
excluded
expressly
verizon
arrow
argues
congress
reason
provide
private
action
appropriate
state
mean
make
state
forum
exclusive
state
courts
concurrent
jurisdiction
even
congress
said
nothing
already
noted
congress
simultaneously
made
jurisdiction
exclusive
tcpa
enforcement
actions
brought
state
authorities
see
supp
may
simply
wanted
avoid
argument
federal
jurisdiction
also
exclusive
private
actions
moreover
providing
private
actions
may
brought
state
otherwise
permitted
laws
rules
state
congress
arguably
gave
leeway
otherwise
lack
decide
whether
entertain
tcpa
claims
arrow
asserts
making
jurisdiction
claims
exclusive
serves
congress
objective
enabling
control
telemarketers
whose
interstate
operations
evaded
state
law
even
jurisdiction
conferred
hold
firm
mere
implication
flowing
subsequent
legislation
colorado
river
water
conservation
dist
furthermore
congress
sought
fill
gap
enforcement
capabilities
provided
telemarketing
calls
directed
state
subject
receiving
state
laws
instead
congress
enacted
detailed
uniform
federal
substantive
prescriptions
provided
regulatory
regime
administered
federal
agency
arrow
reliance
statement
senator
hollings
tcpa
sponsor
misplaced
remarks
nowhere
mention
jurisdiction
otherwise
suggest
intended
divest
federal
courts
authority
tcpa
claims
even
hollings
tcpa
supporters
expected
private
actions
proceed
solely
state
courts
expectation
control
judgment
compass
arrow
arguments
federal
courts
inundated
tcpa
claims
defendants
use
removal
force
plaintiffs
abandon
suit
seem
imaginary
real
pp
fed
appx
reversed
remanded
ginsburg
delivered
opinion
unanimous
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
marcus
mims
petitioner
arrow
financial
services
llc
writ
certiorari
appeals
eleventh
circuit
january
justice
ginsburg
delivered
opinion
case
concerns
enforcement
private
suits
telephone
consumer
protection
act
tcpa
act
voluminous
consumer
complaints
abuses
telephone
technology
example
computerized
calls
dispatched
private
homes
prompted
congress
pass
tcpa
congress
determined
federal
legislation
needed
telemarketers
operating
interstate
escaping
prohibitions
intrusive
nuisance
calls
act
bans
certain
practices
invasive
privacy
directs
federal
communications
commission
fcc
commission
prescribe
implementing
regulations
authorizes
bring
civil
actions
enjoin
prohibited
practices
recover
damages
residents
behalf
commission
must
notified
suits
may
intervene
jurisdiction
tcpa
suits
congress
provided
lies
exclusively
district
courts
congress
also
provided
civil
actions
private
parties
seeking
redress
violations
tcpa
commission
implementing
regulations
petitioner
marcus
mims
complaining
multiple
violations
act
respondent
arrow
financial
services
llc
arrow
agency
commenced
action
damages
arrow
district
southern
district
florida
mims
invoked
federal
question
jurisdiction
authority
adjudicate
claims
arising
laws
district
affirmed
appeals
eleventh
circuit
dismissed
mims
complaint
want
jurisdiction
courts
relied
congress
specification
tcpa
private
person
may
seek
redress
violations
act
commission
regulations
thereunder
appropriate
state
action
otherwise
permitted
laws
rules
state
question
presented
whether
congress
provision
private
actions
enforce
tcpa
renders
state
courts
exclusive
arbiters
actions
long
recognized
suit
arises
law
creates
cause
action
american
well
works
layne
bowler
beyond
doubt
tcpa
federal
law
creates
claim
mims
brought
supplies
substantive
rules
govern
case
find
convincing
reason
read
tcpa
permissive
grant
jurisdiction
state
courts
barrier
district
courts
exercise
general
jurisdiction
possessed
since
see
act
mar
stat
wright
miller
cooper
freer
federal
practice
procedure
ed
hereinafter
wright
miller
hold
therefore
federal
state
courts
concurrent
jurisdiction
private
suits
arising
tcpa
enacting
tcpa
congress
made
several
findings
relevant
unrestricted
telemarketing
congress
determined
intrusive
invasion
privacy
tcpa
stat
note
following
congressional
findings
internal
quotation
marks
omitted
particular
congress
reported
consumers
outraged
proliferation
intrusive
nuisance
telemarketing
calls
homes
ibid
internal
quotation
marks
omitted
utomated
prerecorded
telephone
calls
made
private
residences
congress
found
rightly
regarded
recipients
invasion
privacy
ibid
internal
quotation
marks
omitted
although
half
enacted
statutes
restricting
telemarketing
congress
believed
federal
law
needed
telemarketers
evade
prohibitions
interstate
operations
ibid
internal
quotation
marks
omitted
see
also
ecause
jurisdiction
interstate
calls
expressed
desire
federal
legislation
subject
exceptions
pertinent
tcpa
principally
outlaws
four
practices
first
act
makes
unlawful
use
automatic
telephone
dialing
system
artificial
prerecorded
voice
message
without
prior
express
consent
called
party
call
emergency
telephone
line
hospital
patient
pager
cellular
telephone
service
receiver
charged
call
see
tcpa
forbids
using
artificial
prerecorded
voice
messages
call
residential
telephone
lines
without
prior
express
consent
third
act
proscribes
sending
unsolicited
advertisements
fax
machines
fourth
bans
using
automatic
telephone
dialing
systems
engage
two
business
telephone
lines
simultaneously
tcpa
delegates
authority
fcc
ban
artificial
prerecorded
voice
calls
businesses
exempt
particular
types
calls
law
requirements
act
also
directs
fcc
prescribe
regulations
protect
privacy
residential
telephone
subscribers
possibly
creation
national
call
system
congress
provided
complementary
means
enforcing
act
state
attorneys
general
may
bring
civil
action
behalf
state
residents
attorney
general
reason
believe
person
engaged
pattern
practice
violating
tcpa
fcc
regulations
thereunder
supp
district
courts
exclusive
jurisdiction
tcpa
actions
brought
state
attorneys
general
commission
may
intervene
suits
title
captioned
private
right
action
provides
person
entity
may
otherwise
permitted
laws
rules
state
bring
appropriate
state
action
based
violation
subsection
regulations
prescribed
subsection
enjoin
violation
action
recover
actual
monetary
loss
violation
receive
damages
violation
whichever
greater
actions
finds
defendant
willfully
knowingly
violated
subsection
regulations
prescribed
subsection
may
discretion
increase
amount
award
amount
equal
times
amount
available
subparagraph
paragraph
similar
provision
authorizes
private
right
action
violation
fcc
implementing
mims
florida
resident
alleged
arrow
seeking
collect
debt
repeatedly
used
automatic
telephone
dialing
system
prerecorded
artificial
voice
call
mims
cellular
phone
without
consent
commencing
suit
district
southern
district
florida
mims
charged
arrow
willfully
knowingly
violated
tcpa
app
sought
declaratory
relief
permanent
injunction
damages
district
held
lacked
jurisdiction
mims
tcpa
claim
eleventh
circuit
precedent
district
explained
jurisdiction
unavailable
congress
vested
jurisdiction
private
actions
tcpa
exclusively
state
courts
civ
sd
apr
app
pet
cert
citing
nicholson
hooters
augusta
adhering
circuit
precedent
appeals
eleventh
circuit
affirmed
fed
appx
quoting
nicholson
congress
granted
state
courts
exclusive
jurisdiction
private
actions
tcpa
granted
certiorari
resolve
split
among
circuits
whether
congress
granted
state
courts
exclusive
jurisdiction
private
actions
brought
tcpa
compare
murphey
lanier
district
courts
lack
jurisdiction
private
tcpa
actions
erienet
velocity
net
foxhall
realty
law
offices
telecommunications
premium
nicholson
chair
king
houston
cellular
international
science
technology
inst
inacom
communications
charvat
echostar
satellite
llc
district
courts
jurisdiction
private
tcpa
actions
brill
countrywide
home
loans
erienet
alito
dissenting
hold
congress
deprive
federal
courts
jurisdiction
private
tcpa
suits
ii
federal
courts
though
courts
limited
jurisdiction
kokkonen
guardian
life
ins
america
main
right
decline
exercise
jurisdiction
given
usurp
given
cohens
virginia
wheat
congress
granted
federal
courts
general
jurisdiction
see
act
mar
stat
codified
law
provides
district
courts
shall
original
jurisdiction
civil
actions
arising
constitution
laws
treaties
statute
originally
included
requirement
set
see
act
mar
stat
recognizing
responsibility
federal
courts
decide
claims
large
small
arising
federal
law
congress
eliminated
requirement
diversity
cases
see
federal
question
jurisdictional
amendments
act
stat
amending
see
also
apart
deletion
requirement
general
provision
remained
essentially
unchanged
since
see
wright
miller
federal
law
creates
right
action
provides
rules
decision
mims
tcpa
claim
words
plainly
aris
es
laws
already
noted
supra
suit
arises
law
creates
cause
action
american
well
works
although
courts
described
formulation
useful
inclusion
exclusion
merrell
dow
pharmaceuticals
thompson
quoting
harms
eliscu
serious
debate
federally
created
claim
relief
generally
sufficient
condition
jurisdiction
grable
sons
metal
products
darue
engineering
arrow
agrees
action
arises
federal
law
see
tr
oral
arg
urges
congress
vested
exclusive
adjudicatory
authority
private
tcpa
actions
state
courts
cases
arising
federal
law
note
deeply
rooted
presumption
favor
concurrent
state
jurisdiction
rebuttable
congress
affirmatively
ousts
state
courts
jurisdiction
particular
federal
claim
tafflin
levitt
district
courts
shall
original
jurisdiction
exclusive
courts
civil
case
admiralty
maritime
jurisdiction
presumption
concurrent
jurisdiction
recognized
overcome
explicit
statutory
directive
unmistakable
implication
legislative
history
clear
incompatibility
jurisdiction
federal
interests
gulf
offshore
mobil
oil
arrow
readily
acknowledges
presumption
concurrent
jurisdiction
maintains
creates
converse
presumption
favor
jurisdiction
instead
arrow
urges
tcpa
later
specific
statute
displaces
earlier
general
prescription
see
tr
oral
arg
brief
respondent
section
decisions
indicate
swept
away
easily
stated
earlier
see
supra
federal
law
creates
private
right
action
furnishes
substantive
rules
decision
claim
arises
federal
law
district
courts
possess
jurisdiction
principle
endures
unless
congress
divests
federal
courts
adjudicatory
authority
see
verizon
md
public
serv
nothing
divest
district
courts
authority
review
state
agency
order
compliance
federal
law
mart
cartier
district
divested
jurisdiction
action
fell
within
one
several
specific
grants
exclusive
jurisdiction
international
trade
ivestment
district
jurisdiction
found
readily
divestmen
state
jurisdiction
given
longstanding
explicit
grant
federal
question
jurisdiction
erienet
alito
dissenting
see
gonell
note
statutory
interpretation
federal
jurisdictional
statutes
jurisdiction
private
right
action
tcpa
ford
rev
accordingly
district
retains
jurisdiction
mims
complaint
unless
tcpa
expressly
fair
implication
excludes
adjudication
see
verizon
gonell
supra
jurisdiction
private
tcpa
actions
proper
unless
congress
enacted
partial
repeal
iii
arrow
arguments
persuade
us
congress
eliminated
jurisdiction
private
actions
tcpa
language
tcpa
person
entity
may
otherwise
permitted
laws
rules
state
bring
action
appropriate
state
arrow
asserts
uniquely
oriented
see
brief
respondent
may
general
rule
grant
jurisdiction
one
imply
jurisdiction
exclusive
bank
new
york
trust
nothing
permissive
language
makes
jurisdiction
exclusive
otherwise
purports
oust
federal
courts
jurisdiction
federal
claims
see
verizon
othing
purports
strip
cf
yellow
freight
system
donnelly
title
vii
language
ach
district
shall
jurisdiction
actions
brought
subchapter
ous
state
courts
presumptive
jurisdiction
internal
quotation
marks
omitted
congress
may
indeed
provide
track
federal
claim
exclusive
see
action
shall
brought
recover
claim
arising
title
ii
social
security
act
weinberger
salfi
congress
done
nothing
sort
however
title
state
private
plaintiff
may
bring
action
tcpa
state
exclusively
state
absence
statement
contrasts
act
instruction
suits
instituted
state
attorneys
general
earlier
noted
see
supra
supp
vests
exclusive
jurisdiction
actions
district
courts
section
exclusivity
prescription
reinforce
conclusion
silence
leaves
jurisdictional
grant
untouched
otherwise
applicable
jurisdiction
meant
excluded
excluded
expressly
verizon
see
erienet
alito
dissenting
supp
reveals
drafting
tcpa
congress
knew
full
well
grant
exclusive
jurisdiction
mandatory
language
natural
interpretation
congress
failure
use
similar
language
congress
intend
grant
exclusive
jurisdiction
section
brill
supp
explicit
exclusivity
natural
inference
state
forum
mentioned
optional
rather
mandatory
arrow
urges
congress
reason
provide
private
action
appropriate
state
mean
make
state
forum
exclusive
congress
said
nothing
bringing
private
tcpa
claims
state
courts
arrow
observes
courts
nevertheless
concurrent
jurisdiction
see
supra
true
enough
congress
simultaneously
provided
tcpa
enforcement
actions
state
authorities
supp
made
federal
district
courts
exclusively
competent
cases
congress
may
simply
wanted
avoid
argument
private
actions
actions
brought
state
attorneys
general
federal
jurisdiction
exclusive
brill
emphasis
deleted
citing
yellow
freight
holding
years
litigation
claims
civil
rights
act
may
resolved
state
well
federal
courts
tafflin
holding
years
litigation
claims
rico
may
resolved
state
well
federal
courts
moreover
providing
private
actions
may
brought
state
otherwise
permitted
laws
rules
state
congress
arguably
gave
leeway
otherwise
lack
decide
whether
entertain
claims
tcpa
brill
see
brief
respondent
congress
le
ft
free
decide
tcpa
claims
allow
making
jurisdiction
claims
exclusive
arrow
asserts
fits
hand
glove
congress
objective
enabling
control
telemarketers
whose
interstate
operations
evaded
state
law
even
observed
jurisdiction
conferred
hold
firm
mere
implication
flowing
subsequent
legislation
colorado
river
water
conservation
dist
quoting
rosencrans
persuaded
moreover
congress
sought
fill
gap
enforcement
capabilities
congress
limited
sights
passed
statute
providing
telemarketing
calls
directed
state
subject
laws
receiving
state
congress
enact
law
instead
enacted
detailed
uniform
federal
substantive
prescriptions
provided
regulatory
regime
administered
federal
agency
see
tcpa
liability
thus
depends
violation
federal
statutory
requirement
fcc
regulation
violation
state
substantive
law
federal
interest
regulating
telemarketing
protec
privacy
individuals
permit
ting
legitimate
commercial
practices
stat
note
following
congressional
findings
internal
quotation
marks
omitted
evident
regulatory
role
congress
assigned
fcc
see
delegating
fcc
authority
exempt
calls
act
reach
prohibit
calls
businesses
congress
design
less
well
served
consumers
rely
laws
rules
state
accident
diversity
gain
redress
tcpa
violations
arrow
emphasizes
statement
made
senate
floor
senator
hollings
tcpa
sponsor
computerized
calls
scourge
modern
civilization
wake
us
morning
interrupt
dinner
night
force
sick
elderly
bed
hound
us
want
rip
telephone
right
wall
substitute
bill
contains
private
provision
make
easier
consumers
recover
damages
receiving
computerized
calls
provision
allow
consumers
bring
action
state
entity
violates
bill
bill
constitutional
constraints
dictate
state
shall
proper
venue
action
matter
state
legislators
determine
nevertheless
hope
make
easy
possible
consumers
bring
actions
preferably
small
claims
small
claims
similar
allow
consumer
appear
without
attorney
amount
damages
legislation
set
fair
consumer
telemarketer
however
defeat
purposes
bill
attorneys
costs
consumers
bringing
action
greater
potential
damages
thus
expect
act
reasonably
permitting
citizens
go
enforce
bill
cong
rec
statement
bear
weight
arrow
place
first
views
single
legislator
even
bill
sponsor
controlling
consumer
product
safety
gte
sylvania
second
senator
hollings
mention
jurisdiction
otherwise
suggest
intended
divest
federal
courts
authority
hear
tcpa
claims
hollings
doubt
believed
tcpa
claims
pursued
expeditiously
state
one
glean
statement
expectation
courts
state
courts
generally
exclusive
jurisdiction
private
actions
alleging
violations
act
fcc
implementing
regulations
third
even
agreed
arrow
senator
hollings
expected
private
tcpa
actions
proceed
solely
state
courts
even
supporters
shared
view
expectation
control
judgment
compass
cf
yellow
freight
persuasive
showing
legislators
judges
administrators
involved
enactment
amendment
enforcement
interpretation
title
vii
expected
litigation
processed
exclusively
federal
courts
overcome
presumption
concurrent
jurisdiction
among
arguments
exclusivity
arrow
raises
concern
impact
federal
courts
uphold
jurisdiction
private
actions
tcpa
iven
enormous
volume
telecommunications
presenting
potential
claims
arrow
projects
federal
courts
inundated
tcpa
claims
brief
respondent
moreover
plaintiffs
free
bring
tcpa
claims
federal
defendants
sued
state
equally
free
remove
cases
federal
indeed
arrow
suggests
defendants
use
removal
mechanism
force
plaintiffs
abandon
suit
rather
figh
expensive
federal
forum
arrow
floodgates
argument
assumes
shocking
degree
noncompliance
act
reply
brief
seems
us
imaginary
real
current
federal
district
civil
filing
fee
likely
party
bring
claim
remove
claim
federal
lexis
westlaw
searches
turned
tcpa
claims
removed
federal
district
courts
illinois
indiana
wisconsin
since
seventh
circuit
held
october
act
confer
exclusive
jurisdiction
state
courts
cases
class
actions
individual
cases
removed
also
private
tcpa
claims
brought
initially
federal
district
courts
class
actions
iv
nothing
text
structure
purpose
legislative
history
tcpa
calls
displacement
jurisdiction
district
courts
ordinarily
absence
direction
congress
stronger
arrow
advanced
apply
familiar
default
rule
federal
courts
jurisdiction
claims
arise
federal
law
federal
law
gives
rise
claim
relief
mims
stated
specifies
substantive
rules
decision
eleventh
circuit
erred
dismissing
mims
case
lack
jurisdiction
reasons
stated
judgment
appeals
eleventh
circuit
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
general
communications
act
grants
federal
communications
commission
fcc
commission
authority
regulate
interstate
telephone
communications
reserves
authority
regulate
intrastate
telephone
communications
see
louisiana
pub
serv
fcc
congress
amended
statute
prohibit
additional
practice
manipulation
information
see
truth
caller
id
act
pub
stat
legislation
inserted
new
subsection
redesignated
former
subsections
subsections
respectively
ibid
new
subsection
bear
case
discussed
citations
subsection
refer
current
redesignated
statutory
text
national
call
registry
currently
managed
federal
trade
commission
see
supp
iv
cfr
iii
tcpa
envisions
civil
actions
instituted
commission
violations
implementing
regulations
see
supp
commission
may
also
seek
forfeiture
penalties
willful
repeated
failure
comply
act
regulations
ed
supp
iv
title
also
captioned
private
right
action
provides
person
received
one
telephone
call
within
period
behalf
entity
violation
regulations
prescribed
subsection
may
otherwise
permitted
laws
rules
state
bring
appropriate
state
action
based
violation
regulations
prescribed
subsection
enjoin
violation
action
recover
actual
monetary
loss
violation
receive
damages
violation
whichever
greater
actions
congress
previously
granted
general
jurisdiction
federal
courts
grant
short
lived
see
steffel
thompson
describing
midnight
judges
act
stat
repealed
act
mar
stat
time
repealed
requirement
cases
reached
see
act
july
stat
currently
amount
controversy
diversity
cases
must
exceed
see
rare
exception
rule
federal
cause
action
suffices
ground
jurisdiction
see
shoshone
mining
rutter
discussed
fallon
manning
meltzer
shapiro
hart
wechsler
federal
courts
federal
system
ed
shoshone
mining
held
suit
federal
mining
patent
arise
federal
law
jurisdictional
purposes
right
possession
controversy
determined
local
rules
customs
state
statutes
may
present
simply
question
fact
contrast
tcpa
creates
claim
relief
designates
remedy
critically
act
regulations
thereunder
supply
governing
substantive
law
even
right
action
created
state
law
claim
requires
resolution
significant
issues
federal
law
case
may
arise
federal
law
purposes
see
grable
sons
metal
products
darue
engineering
strange
seventh
circuit
observed
make
federal
courts
exclusive
forum
suits
making
state
courts
exclusive
forum
suits
private
plaintiffs
brill
countrywide
home
loans
tcpa
actions
brought
state
attorneys
general
official
agency
designated
state
supp
arrow
points
congress
specifically
addressed
venue
service
process
potential
conflicts
federal
state
enforcement
efforts
similar
prescriptions
appear
section
private
actions
obvious
reason
general
rules
governing
venue
service
process
district
courts
well
established
see
fed
rules
civ
proc
need
congress
reiterate
section
fact
venue
service
process
discussed
supp
simply
indicates
congress
wished
make
adjustments
general
rules
former
section
latter
conflict
provision
appears
section
supp
hardly
surprising
congress
concerned
agency
conflicts
section
tcpa
dealing
official
state
enforcement
efforts
section
governing
private
lawsuits
erienet
velocity
net
alito
dissenting
supremacy
clause
declares
federal
law
law
land
state
courts
must
enforce
absence
valid
excuse
howlett
rose
excuse
inconsistent
violates
federal
law
valid
excuse
supremacy
clause
forbids
state
courts
dissociate
federal
law
disagreement
content
refusal
recognize
superior
authority
source
without
otherwise
permitted
language
little
doubt
state
courts
obliged
hear
tcpa
claims
see
testa
katt
although
courts
appeals
considered
question
held
tcpa
bar
district
courts
exercising
diversity
jurisdiction
see
gottlieb
carnival
oral
argument
arrow
counsel
maintained
diversity
jurisdiction
go
tr
oral
arg
accept
arrow
positions
diversity
jurisdiction
unavailable
state
courts
may
refuse
hear
tcpa
claims
residents
choose
hear
tcpa
claims
forum
sue
complaint
case
note
brought
mims
alleged
calls
sought
treble
damages
see
app
tr
oral
arg
amount
sought
recover
far
exceeded
ceiling
claims
florida
adjudicate
see
small
claims
rule
rev
ed
congress
wants
make
federal
claims
instituted
state
nonremovable
says
see
breuer
jim
concrete
brevard
quoting
civil
action
state
railroad
receivers
trustees
arising
title
may
removed
district
case
arising
subchapter
brought
state
competent
jurisdiction
shall
removed