1stStep Posted January 19, 2012 Report Share Posted January 19, 2012 (edited) In MIMS v. ARROW FINANCIAL SERVICES, LLC published Jan 18, 2012:Held: The TCPA's permissive grant of jurisdiction to state courts does not deprive the U. S. district courts of federal-question jurisdiction over private TCPA suits. Pp. 7-18.I've got to get cracking...I've got 3 suits to file!!!! Edited January 19, 2012 by 1stStep Link to comment Share on other sites More sharing options...
admin Posted January 19, 2012 Report Share Posted January 19, 2012 I must not have had enough coffee, but I don't get the significance. Can you explain? Link to comment Share on other sites More sharing options...
1stStep Posted January 19, 2012 Author Report Share Posted January 19, 2012 TCPA cases can now be heard in federal court...previously, they would have to have been heard in state court.I'd post the entire opinion, but it's 21 pages long. Link to comment Share on other sites More sharing options...
KentWA Posted January 19, 2012 Report Share Posted January 19, 2012 There have been some cases where a consumers case was removed to Federal and then the court dismissed because it could not be heard to the federal level. I always thought it was stupid reasoning, and now SCOTUS has confirmed it.http://www.supremecourt.gov/opinions/11pdf/10-1195.pdf Link to comment Share on other sites More sharing options...
1stStep Posted January 19, 2012 Author Report Share Posted January 19, 2012 I'm re-reading it right now, having printed it out... it looks like Mims argued that there was a federal question with respect to TCPA suits and that they should be heard on the federal level - something that the Court seems to agree with. I see a floodgate of new TCPA suits coming... Link to comment Share on other sites More sharing options...
KentWA Posted January 19, 2012 Report Share Posted January 19, 2012 I still of the opinion that if your states laws allow Service of Process on out of state defendants (most do), to file in state court and let the JDB remove to federal and pay the fees for a federal filing. State court filing fees are generally much lower than federal. Link to comment Share on other sites More sharing options...
1stStep Posted January 19, 2012 Author Report Share Posted January 19, 2012 (edited) Very true...but this can bring the pain...before this decision, a plaintiff could bring a TCPA suit, have it removed to federal and then dismissed. I think this decision means two things...1. If a case were removed to federal, it cannot be so easily dismissed, or2. A case can now be directly commenced in federal and there's no easy out for the defendant in the form of a dismissal. I think this now puts the TCPA on the same level of an FDCPA or FCRA suit. And since the TCPA allows for higher damages, it's going to make CAs and JDBs rethink their approach to how they pursue consumers with cellular numbers. I have one case that has both FDCPA and TCPA damages, I'm now inserting the new case citation in my complaint - 1 FDCPA violation ($1k) and 4 TCPA violations ($6k) - total damages = $7k vs probably $1k before because the CAs attorneys would have gotten a dismissal of the TCPA violations. Edited January 19, 2012 by 1stStep Link to comment Share on other sites More sharing options...
KentWA Posted January 19, 2012 Report Share Posted January 19, 2012 I think this now puts the TCPA on the same level of an FDCPA or FCRA suit.I agree on that. One other benefit is that from what I have read so far, there is a bit of discussion about small claims courts have jurisdiction. We have all heard of small claims judges claiming they can not decide these matters. Now you have the US Supreme Court telling them they do. What part time judge in small claims is going to argue with SCOTUS, well I am sure there will be one or two. Link to comment Share on other sites More sharing options...
admin Posted January 19, 2012 Report Share Posted January 19, 2012 TCPA? Link to comment Share on other sites More sharing options...
MamaCaldo Posted January 19, 2012 Report Share Posted January 19, 2012 Grazie for the update!! :mrgreen: Link to comment Share on other sites More sharing options...
1stStep Posted January 19, 2012 Author Report Share Posted January 19, 2012 As far as filing fees go... Superior Court is $320... Federal is $350. Small claims in my opinion is a waste of time - the limit here is $2,500. Link to comment Share on other sites More sharing options...
1stStep Posted January 19, 2012 Author Report Share Posted January 19, 2012 TCPA?Telephone Consumer Protection Act - 47 USC 227 Link to comment Share on other sites More sharing options...
KentWA Posted January 19, 2012 Report Share Posted January 19, 2012 As far as filing fees go... Superior Court is $320... Federal is $350. Small claims in my opinion is a waste of time - the limit here is $2,500.Here it is $180 to file in state and the initial filing in federal requires me to drive 120 miles each way. I would rather be in federal and would file there if I did not think the defendant would remove the case (i.e. a Utah based company).I would not touch small claims myself with a 10 foot pole, but there are plenty of plaintiffs that small claims is as far as they will go. It is sad, I see in PACER there were 54 cases removed from small claims to District Court in Salt Lake in 2011, then promptly dismissed by the Plaintiff with no action. They most likely chickened out at the threat of Federal Court. Me, I have always thanked the lawyer for removing it to a court I *enjoy* being in. Link to comment Share on other sites More sharing options...
usagi555 Posted January 19, 2012 Report Share Posted January 19, 2012 As far as filing fees go... Superior Court is $320... Federal is $350. Small claims in my opinion is a waste of time - the limit here is $2,500.$132 for NM District Court here, and my NM District Court courthouse is right across the street from the US District Court courthouse. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted January 19, 2012 Report Share Posted January 19, 2012 It is actually $400 for District court here in MN. Then again, I could use the pocket docket process on them and possibly save myself the fees until they decide if they are going to fight, settle, or run. Link to comment Share on other sites More sharing options...
KentWA Posted January 19, 2012 Report Share Posted January 19, 2012 Further news from SCOTUS. There is an FDCPA case going to conference tomorrow. In conference the Court determines if they will hear the case or not. This case is about the Law Office letters that say "No attorney has reviewed your file".Law Offices of Mitchell N. Kay, P.C. v. Lesher : SCOTUSblog Link to comment Share on other sites More sharing options...
1stStep Posted January 19, 2012 Author Report Share Posted January 19, 2012 Wow...I am surprised that the Lesher case has come this far...MNK is taking a big gamble. If MNK loses, then this will send some shockwaves out - 2 major pro-consumer decisions...'BTW- touching up lawsuit #1... 4 TCPA violations, 1 FDCPA violation. Asking $7k in damages. Best guess is that they will settle for $3,500. Link to comment Share on other sites More sharing options...
nascar Posted January 19, 2012 Report Share Posted January 19, 2012 Wow...I am surprised that the Lesher case has come this far...MNK is taking a big gamble.The only gamble is the court will agree with earlier cases holding that those letters violate the FDCPA. Otherwise, they have nothing to lose. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted January 19, 2012 Report Share Posted January 19, 2012 In NY $45 for an index number if your damages requested is below 15k. Anything above 15k (25k if you are in NYC) is $215.District, Civil or City Court is $45 Link to comment Share on other sites More sharing options...
JeeperInAZ Posted January 19, 2012 Report Share Posted January 19, 2012 As far as filing fees go... Superior Court is $320... Federal is $350. Small claims in my opinion is a waste of time - the limit here is $2,500.I don't know if I'd say small claims is a waste of time...it is a great tool for the individual to go after CRA/JDB/CA for violations. And $2500 would cover half a year's worth of car payments.I'd say each venue has its purpose. Link to comment Share on other sites More sharing options...
jackson212 Posted January 19, 2012 Report Share Posted January 19, 2012 I don't know if I'd say small claims is a waste of time...it is a great tool for the individual to go after CRA/JDB/CA for violations. And $2500 would cover half a year's worth of car payments.I'd say each venue has its purpose.i think it also depends on where you live. in NYC i would never encourage anyone to file in state or small claims court. the judges are beyond clueless. its kangaroo court up in there.federal court is where someone actually listens, and everyone has to behave and obey the rules.to the OP, thanks. this is awesome!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! as it affects me and i can now file in fed court!!!!!!!!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
jackson212 Posted January 19, 2012 Report Share Posted January 19, 2012 hey is there a llink to the opinion?id like to read it i just cant find itedit here it is:http://www.supremecourt.gov/opinions/11pdf/10-1195.pdfMIMS v. ARROW FINANCIAL SERVICES, LLCCERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Link to comment Share on other sites More sharing options...
1stStep Posted January 20, 2012 Author Report Share Posted January 20, 2012 1st TCPA lawsuit is written...now to file and serve... Link to comment Share on other sites More sharing options...
jackson212 Posted January 20, 2012 Report Share Posted January 20, 2012 ^^^^^^^^ good luck pal Link to comment Share on other sites More sharing options...
BV80 Posted January 20, 2012 Report Share Posted January 20, 2012 1st TCPA lawsuit is written...now to file and serve...It would be very helpful if you would let us know how the case progresses and the details. Even if you don't prevail (of course, I'm hoping you WILL win), details would benefit all of us.Good luck! I'm sending good thoughts your way! Link to comment Share on other sites More sharing options...
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